Skyers v Ali

Split/Other wins · York · 2022-01-12

Adjudicator

Shahid Chaudhry

Dispute

Harassment, Substantial Interference

Notice

Non-payment of rent (N4), Termination (N5)

Landlord

G.A.

Tenant

J.S., A.S., O.S.D., R.S.

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex and harassed, obstructed, coerced, threatened or interfered with them. The Tenants claimed the Landlord harassed them by sending threatening emails, texts and notices, substantially interfered with their reasonable enjoyment by closing the laundry room and not maintaining the grounds, and caused them severe emotional distress.

The ruling

The T2 application is dismissed. The Landlord's conduct and statements must be viewed in the context of an almost tit-for-tat exchange between the parties. The Landlord exercised his right under the Act to serve notices, and the closure of the coin laundry room and the maintenance of the grounds did not rise to the level of substantial interference. Both parties share responsibility for exchanging inappropriate and disrespectful language.