Kilbreath v Valente Construction Inc.

Landlord wins · Windsor · 2021-11-18

Adjudicator

Randy Aulbrook

Dispute

Harassment, Substantial Interference

Landlord

Valente Construction Inc. o/a Mario Valente Homes Inc.

Tenant

K.K.

Landlord rep

Tim Currie

Tenant rep

Christopher Hall

What happened

Tenant applied for an order determining that the Landlord or the Landlord's agent harassed, obstructed, coerced, threatened or interfered with the Tenant and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household. The dispute was over the Landlord charging the Tenant a fee for the use of an air conditioner that the Tenant had installed in the rental unit.

The ruling

The Tenant's application was dismissed. The Landlord was entitled to charge the Tenant a fee for the use of the air conditioner, as this was clearly stated in the tenancy agreement. The Landlord's communications regarding the fee did not amount to harassment or interference.