Evictly

Alsebaei v Chiu

Landlord wins · North York · 2025-04-08

Adjudicator
Stephanie Ball
Dispute
Harassment, Substantial Interference
Notice
Tenant rights (T2), Personal use (N12)
Landlord
M.D.C., I.C.
Tenant
A.E.E.A., S.A.
Landlord rep
Sam Ursino
Tenant rep
Stephanie Anderson

What happened

The Tenants applied for an order determining that the Landlords substantially interfered with their reasonable enjoyment and harassed them. The Board first determined that a prior consent agreement from January 30, 2024, resolved all issues up to that date, limiting the scope of the hearing. The remaining allegations concerned the service of an N12 notice, the mistaken return of the last month's rent deposit, and issues with the key deposit and interest. The Tenants moved out on August 31, 2024.

The ruling

The Tenants' application alleging harassment and substantial interference by the Landlords is dismissed. The Board found that a prior consent agreement limited the claims that could be heard. The remaining allegations, including the service of an N12 notice and the mistaken return of a rent deposit, did not constitute harassment or substantial interference.