Tenant Wins Substantial Interference Case: WOUDENBERG v EWALD 2024
Chatham tenant awarded $553 rent abatement after landlord failed to address complaints about other tenant's behavior
Summarized by RentZenLast updated: September 12, 2024
Case Summary
270 King Street, Chatham, ON N7M3N6
Decision in favor of
tenant
Balance Owed to Tenant
$553
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Mar 28, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- Tenant proved some allegations
- Landlord failed to properly address Tenant's complaints
- Landlord's conduct amounted to substantial interference
- Rent abatement of $500 is fair
Case Study
The Tenant proved some of the allegations contained in the application on a balance of probabilities. The Landlord failed to properly address the Tenant's complaints against the other tenant, which amounted to substantial interference. An abatement of $500 is fair in the circumstances.
Arguments and Actions
Landlord
Actions
Landlord served multiple N5 notices but believed since the complaints were never within a 7-day voiding period, he could not file the appropriate applications.
Procedural Errors
Landlord failed to take reasonable steps to address the Tenant's complaints against the other tenant.
Tenant
Actions
Tenant made numerous phone calls to the police, sent several text messages, and had many phone calls with the Landlord regarding the behaviour of the lower tenant.
Decision Summary
The Tenant's application is granted. The Landlord must pay the Tenant $500 as a rent abatement and $53 for the cost of filing the application, for a total of $553.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$53
Total Owing
$553 (Owed to Tenant)
Source
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