McKenzie v Nelson

Split/Other wins · 2024-01-25

Adjudicator

Paul Sommerville

Dispute

Substantial Interference

Amount

<$5K

Landlord

P.N., TAJ Capital Holdings Ltd.

Tenant

D.M.

Landlord rep

Ms Alwyn

What happened

The Tenant complained about second-hand smoke entering his rental unit from an adjoining unit. The Landlord has made efforts to address the issue, but they have not been fully successful. The Tenant has not provided medical evidence to support the health impacts he claims to have experienced.

The ruling

The Landlord must monitor the second-hand smoke situation in the Tenant's rental unit and continue reasonable efforts to address it, including exploration of, and possible provision of, a portable device to mitigate the effect of the second-hand smoke. The Landlord shall pay the Tenant the costs of the application ($53.00) by February 9, 2024.