21 Balmoral Avenue South GP Inc v King

Landlord wins · Hamilton · 2023-03-07

Adjudicator

Amanda Kovats

Dispute

Breach of Conditions

Notice

Tenant rights (T2)

Amount

<$5K

Landlord

21 Balmoral Avenue South GP Inc

Tenant

L.K.

Landlord rep

Rachel Gibbons

What happened

Landlord applied for an order requiring Tenant to pay reasonable out-of-pocket expenses resulting from Tenant's conduct, which substantially interfered with Landlord's lawful right, privilege or interest. The interference involved Tenant's construction and refusal to remove an unauthorized balcony enclosure, which prevented Landlord from completing required maintenance work and complying with mortgage financing commitments and city orders.

The ruling

The Tenant is ordered to pay the Landlord $3,443.00, which includes $3,257.00 for reasonable out-of-pocket expenses incurred due to the Tenant's substantial interference and $186.00 for the cost of filing the application. If the full amount is not paid by March 31, 2023, interest will start accruing at 5.00% annually on the outstanding balance from April 1, 2023.