Landlord Wins Dispute Over Illegal Entry and Harassment Claims - Webb v McGaffin 2024
Landlord's actions found justified in Campbellford rental dispute, tenant's application dismissed
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 70 Saskatoon Avenue, Campbellford, ON K0L1L0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 25, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord illegally entered the rental unit, substantially interfered with their reasonable enjoyment, and harassed them. The Landlord admitted to illegally entering the unit, but the Tribunal found that the Landlord's other actions did not amount to substantial interference or harassment.
Determinations
- Landlord admitted to illegally entering the rental unit
- Landlord's actions regarding parking and plumbing did not amount to substantial interference
- Landlord's conduct did not constitute harassment
- Tenants' application is dismissed
Case Study
The Tribunal found that the Landlord's actions, such as texting the Tenants about parking issues and having a plumber fix a clogged bathtub, did not amount to substantial interference. The Tribunal also found that the Landlord's conduct, including commenting on the Tenants' parking and taking pictures of their deck, did not constitute harassment. The Tribunal dismissed the Tenants' application.
Arguments and Actions
Landlord
Actions
Landlord admitted to illegally entering the unit, claims Tenants could never park correctly, and served an N5 notice due to dog waste on her deck.
Tenant
Arguments
Tenants relied on section 13 of the lease to claim rent abatement due to the unit becoming unavailable.
Actions
Tenants claim Landlord would constantly text them about parking, made them feel unsafe, and cussed at them while they were parking.
Decision Summary
The Tribunal dismissed the Tenants' application, finding that the Landlord's actions did not amount to illegal entry, substantial interference, or harassment.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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