Gormandy v Mitchell

Tenant wins · Barrie · 2025-05-09

Adjudicator

Stephanie Ball

Dispute

Harassment, Illegal Entry, Substantial Interference

Amount

<$5K

Landlord

R.M.

Tenant

A.G.

What happened

The Tenant filed an application against the Landlord alleging illegal entry, substantial interference with reasonable enjoyment, and harassment. This was due to repeated attempts by the Landlord's contractors to enter the unit without the required 24-hour written notice. One illegal entry on July 9, 2024, was admitted by the Landlord. The Tenant, who works from home, found these interruptions stressful and ultimately moved out after one year. The Landlord argued the rent was reduced due to ongoing construction, a claim the Tenant denied.

The ruling

The Landlord is ordered to pay the Tenant a total of $1,148.00, which includes a $1,100.00 rent abatement and the $48.00 application fee. The abatement was calculated as 5% of the monthly rent over 10 months to compensate for the substantial interference with the Tenant's enjoyment, caused by contractors' repeated entry attempts without proper notice and one confirmed illegal entry. The Tenant's request for an administrative fine was denied.