Huang v Hazelview Properties

Landlord wins · Waterloo · 2025-05-07

Adjudicator

Julie Broderick

Dispute

Substantial Interference

Landlord

Hazelview Properties

Tenant

J.G.H.

Landlord rep

Sean Beard, Julie Vieira

What happened

The Tenant filed an application alleging the Landlord substantially interfered with his reasonable enjoyment of the rental unit. This was due to a flood originating from a vacant unit above and the subsequent remediation efforts, specifically the noise from industrial drying equipment. The Tenant claimed the noise was too loud, forcing his family to stay in a hotel for five nights.

The ruling

The Tenant's application is dismissed. The Board found that the Landlord did not substantially interfere with the Tenant's reasonable enjoyment. The Landlord's response to the flood was timely and reasonable, and the noise from necessary drying equipment for three days was not an unreasonable interference in the circumstances. The Tenant failed to prove his case on a balance of probabilities.