Teixeira v Warwick - Tenant Wins Harassment and Interference Case
Tenant awarded $18848 after landlord harassed him, interfered with vital services, and substantially interfered with his enjoyment of the rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 87 Bond St, Waterloo, ON N2H4S4
Decision in favor of
tenant
Balance Owed to Tenant
$18,848
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Jun 3, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord (Karen Warwick and Leo Henhoeffer) substantially interfered with the reasonable enjoyment of the rental unit, harassed the Tenant, and withheld or interfered with vital services. The Tenant provided extensive evidence of the Landlord's conduct, including blocking the Tenant's parking, harassing and insulting the Tenant, damaging property, and interfering with the Tenant's mail and HVAC system. The Landlord did not testify to contradict the Tenant's allegations.
Determinations
- Tenant proved allegations on a balance of probabilities
- Landlord breached Act by withholding vital services, harassing Tenant, and substantially interfering with Tenant's enjoyment
Case Study
The Tribunal found that the Tenant proved the allegations on a balance of probabilities and that the Landlord breached the Residential Tenancies Act by withholding vital services, harassing the Tenant, and substantially interfering with the Tenant's reasonable enjoyment of the property.
Arguments and Actions
Landlord
Arguments
Landlord argued that he should not be held liable for the other Landlord's (Karen Warwick's) actions, as he did his best to help the Tenant.
Tenant
Actions
Tenant testified about the Landlord's harassment, interference with vital services, and substantial interference with the Tenant's enjoyment of the rental unit, including blocking the Tenant's parking, harassing and insulting the Tenant, damaging property, and interfering with the Tenant's mail and HVAC system.
Decision Summary
The Tribunal ordered the Landlord to pay the Tenant $18,848, including a rent abatement of $10,800 and $8,000 in damages, as well as the cost of filing the application. The Tribunal also ordered Karen Warwick to pay a $2,000 administrative fine to the LTB. The Landlord is prohibited from engaging in certain harassing and interfering conduct towards the Tenant.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$48
Damages
$8,000
Administrative Fine Payable to LTB
$2,000
Other Owed Amount
$10,800
Rent abatement for January 2023 to January 2024
Total Owing
$18,848 (Owed to Tenant)
Fine Payable By: Karen Warwick
Source
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