Tenants Win Substantial Interference Case: Wentworth Property Management v Allen 2024
Tenants successfully defend against eviction by addressing landlord's complaints within 7-day notice period
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 75 Wentworth St S, Hamilton, ON L8N2Y6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy due to alleged substantial interference, including dog feces on property, harassment of superintendent, and inappropriate behavior by tenants and their guests.
Determinations
- Tenants voided N5 Notice within 7-day period
- No further incidents during voiding period
- Application dismissed
Arguments and Actions
Landlord
Actions
Landlord documented dog feces, received complaints about dog not being on leash, and investigated incidents involving tenants' guests
Tenant
Actions
Tenants' guest threatened and harassed superintendent, loitered in hallway, used building hydro to charge phone, screamed and called names
Decision Summary
Landlord's application for termination of tenancy was dismissed because Tenants voided the N5 Notice within the 7-day period by stopping the alleged problematic conduct.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
89.7%
Tenant Favorable
8.6%
Mutual Agreement
1.7%
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