Hutchcraft v Kohanova

Split/Other wins · Etobicoke · 2025-05-02

Adjudicator

Rebecca Case

Dispute

Bad Faith Eviction, Harassment, Substantial Interference

Notice

Personal use (N12)

Amount

<$5K

Landlord

O.K.

Tenant

K.H.

Landlord rep

Roderic McRandall

What happened

The Tenant filed an application alleging the Landlord served a notice of termination for personal use (N12) in bad faith, harassed her, and substantially interfered with her enjoyment of the unit by commencing major renovations while she and her family were still in occupancy. The Board dismissed the bad faith and harassment claims but found the Landlord did substantially interfere with the Tenant's reasonable enjoyment due to the unauthorized construction.

The ruling

The Tenant's application for bad faith eviction and harassment was dismissed. The Board found the Landlord substantially interfered with the Tenant's reasonable enjoyment by conducting unauthorized construction while the Tenant was still residing in the unit. Consequently, the Landlord is ordered to pay the Tenant a total of $498.00, comprising a $450.00 rent abatement and the $48.00 application fee.