French v Auger Properties Inc

Tenant wins · Hamilton · 2022-01-28

Adjudicator

Anita Lovrich, Khalid Akram

Dispute

Tenant rights, Maintenance

Amount

<$5K

Landlord

Auger Properties Inc

Tenant

T.S., T.M., A.N., A.P., K.K., T.K., W.F.

Landlord rep

Paul Startek

What happened

Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, substantially interfered with their reasonable enjoyment of the rental unit, and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlord was obligated to supply under the tenancy agreement.

The ruling

The Board partially upheld the Tenants' application, finding that the Landlord substantially interfered with their reasonable enjoyment due to garbage left in the backyard for 3.5 months. The Tenants were awarded a 5% rent abatement for this period, totaling $612.50. The Landlord was also ordered to pay the $48.00 application filing fee. Claims related to the hole in the wall and the mistaken text message were dismissed.