WALSH v LUK

Tenant wins · Hamilton · 2025-03-25

Adjudicator

Candace Aboussafy

Dispute

Harassment, Substantial Interference, Withholding Vital Services

Notice

Tenant rights (T2), Damages (N5)

Amount

$5-10K

Landlord

M.L., M.L.

Tenant

E.W., S.M.

Tenant rep

Jackie Struthers

What happened

Tenants filed an application due to landlord harassment, substantial interference, and withholding of vital services. The Landlord, Men-Chong Luk, sent a series of harassing and threatening emails, including name-calling and unfounded accusations, after a dispute over a brief water shut-off. The Landlord also issued a frivolous N5 notice for damages that did not exist. The harassment continued despite the Tenants' requests to stop, leading them to vacate the rental unit. The Landlord's conduct was deemed egregious and reprehensible by the Board, even continuing during the hearing.

The ruling

The Landlords are ordered to pay the Tenants a total of $7,428.31 for rent abatement, moving and storage costs, and the application fee, due to severe and persistent harassment. The Landlord's conduct, which included abusive emails, threats of eviction, and a frivolous N5 notice, was found to have induced the Tenants to vacate the unit. Additionally, the Landlords must pay a $2,000.00 administrative fine to the Board for their egregious behaviour and blatant disregard for their obligations under the Act.