21 Balmoral Avenue South GP Inc v King

Landlord wins · Hamilton · 2024-02-06

Adjudicator

Bryan Delorenzi

Dispute

Substantial Interference

Notice

Order to comply

Amount

<$5K

Landlord

21 Balmoral Avenue South GP Inc

Tenant

L.K.

Landlord rep

Rachel Gibbons

What happened

The landlord applied for an order requiring the tenant to pay the landlord's reasonable out-of-pocket expenses that are the result of the tenant's conduct of constructing an enclosure on their balcony, which substantially interfered with the landlord's lawful rights, privileges and interests. The landlord was required to do maintenance work on all the balconies in the rental property due to a mortgage financing commitment and an order from the City of Hamilton that the enclosure is contrary to the Building Code Act.

The ruling

The Tenant shall pay the Landlord $3,257.00, which represents the reasonable out-of-pocket expenses the Landlord has incurred or will incur as a result of the Tenant's substantial interference. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application, for a total of $3,443.00. If the Tenant does not pay the full amount by March 31, 2024, the Tenant will start to owe interest at 7.00% annually on the outstanding balance.