PC and JC v LPM

Tenant wins · 2017-01-16

Dispute

Substantial Interference

Landlord

L.P.M.

Tenant

P.C., J.C.

Landlord rep

T. J.

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex due to a neighbour's cigarette smoking.

The ruling

The Landlord is ordered to pay the Tenants a rent abatement of $531.00 for a one-year period from January 29, 2016 to January 29, 2017 due to the Landlord's breach of the Residential Tenancies Act by failing to properly address the issue of cigarette smoke from a neighbouring unit substantially interfering with the Tenants' reasonable enjoyment of their rental unit.