Tenants Win Substantial Interference Case: TIPPETT v AGYEPONG 2024
Angus tenants awarded $12103 after landlord's harassment and assault led to substantial interference with their reasonable enjoyment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
87 Wagner Crescent, Angus, ON L0M1B6
Decision in favor of
tenant
Balance Owed to Tenants
$12,103
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
May 28, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with the Tenants. The application was based on two incidents where the Landlord attempted to forcefully and violently enter the rental unit, and an assault against one of the Tenants during the second incident.
Determinations
- Landlord tried to forcibly enter rental unit on two occasions
- Landlord assaulted Tenant Jeffery Tippett during second incident
- Landlord's actions substantially interfered with Tenants' reasonable enjoyment of rental unit
- Tenants lived in fear and abandoned using first floor of rental unit
Arguments and Actions
Landlord
Arguments
Landlord claimed he was defending himself during second incident.
Actions
Landlord believed Tenants stole from him and tried to forcibly enter rental unit. Landlord assaulted Tenant Jeffery Tippett during second incident.
Tenant
Actions
Tenants were caring for two children removed from previous living situation by Children's Aid Society. One child was home during first incident. Tenants lived in constant fear and abandoned using main floor of rental unit.
Decision Summary
The Tenants proved the allegations contained in the application on a balance of probabilities. The Landlord shall pay the Tenants $12,103.00, which includes $12,000.00 for increased rent, $50.00 for out-of-pocket expenses, and $53.00 for the application filing fee. The Landlord shall also pay the Landlord and Tenant Board an administrative fine of $500.00.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Application Fee
$53
Administrative Fine Payable to LTB
$500
Total Owing
$12,103 (Owed to Tenants)
Fine Payable By: Landlord
Source
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