CB and AMB v Rent4all

Tenant wins · 2018-03-19

Dispute

Harassment, Maintenance, Substantial Interference

Amount

<$5K

Landlord

R.

Tenant

C., A.

What happened

Tenants applied for an order determining that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenants also applied for an order that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex, withheld or deliberately interfered with the reasonable supply of a vital service, care service or food, and harassed, obstructed, coerced, threatened or interfered with the Tenants.

The ruling

The Landlord failed to ensure the air quality in the Tenant's unit was safe and failed to investigate the Tenant's complaints about smoke circulating from the unit below, substantially interfering with the Tenant's reasonable enjoyment. The Landlord is ordered to pay the Tenant a rent abatement of $1,500.