Borland v Bharj

Tenant wins · Brampton · 2024-02-08

Adjudicator

Brenda Mercer

Dispute

Harassment, Substantial Interference, Withheld Or Interfered With Vital Services

Amount

$10-20K

Landlord

A.B.

Tenant

M.B., J.M.

Tenant rep

Claudette Clark

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit, harassed them, and withheld or interfered with their vital services. The Tenants testified that the upstairs unit was used as an Airbnb, causing excessive noise, garbage, and privacy issues. The Landlord served an N12 notice and demanded monthly inspections, which the Tenants felt were attempts to force them out. The Landlord also failed to restore power and heat when issues arose.

The ruling

The Landlord must pay the Tenants $11,298, including a 25% rent abatement for 10 months and $7,000 in general damages, due to the Landlord's substantial interference with the Tenants' enjoyment, harassment, and withholding of vital services.