Last updated: November 20, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Monies to be paid
-
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
Jul 2024
Order Date
Nov 6, 2024
The Tenant's application is dismissed as the Tenant did not prove the allegations of substantial interference on a balance of probabilities. The work carried out by the Landlord, while causing some disruption, did not constitute unreasonable interference in the circumstances.
Tenant applied for an order determining that Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex due to excessive noise from construction in the building, namely the replacement of balconies.
Landlord's agent testified that balcony replacement was necessary and that the Landlord provided notice to tenants, noise-cancelling headphones, and alternative workspaces.
Tenant argued Landlord should have given notice to prospective tenants about planned construction and that Landlord did not do enough to mitigate noise.
Tenant stated construction noise often exceeded 80 decibels and interfered with her work from home. Tenant produced audio recordings and a photo of noise levels.
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