Marsan v Da Silva

Landlord wins · Bobcaygeon · 2021-11-17

Adjudicator

Robert Patchett

Dispute

Substantial Interference, Vital Service Cut-Off

Landlord

A.D.S.

Tenant

S.M.

Landlord rep

Simmi Kapoor

What happened

Tenant filed a T2 application alleging that the Landlord had substantially interfered with his reasonable enjoyment and cut off vital services. Specifically, the Tenant alleged that the Landlord had attempted to access the rental unit without 24 hours' notice, blocked the Tenant's access or egress to the rental unit while conducting maintenance work, caused water to enter the rental unit when the exterior was being washed, and turned off the water to the rental unit.

The ruling

The Tenant's application was dismissed. The Landlord's maintenance work, while perhaps temporarily inconvenient, did not amount to substantial interference with the Tenant's reasonable enjoyment. The brief loss of water also did not amount to loss of a vital service.