Pessoa v Kirk

Tenant wins · Ajax · 2021-11-03

Adjudicator

Lynn Mitchell

Dispute

Substantial Interference

Amount

<$5K

Landlord

M.K.

Tenant

S.P.

What happened

Tenant applied for an order determining that Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household. The Landlord removed the door to the Tenant's bathroom, making it accessible to anyone in the basement, and threatened to spit on and hit the Tenant.

The ruling

The Landlord's alteration of the entrance to the Tenant's unit and the impact on the Tenant's private use of the bathroom warrants a rental rebate. The Tenant is entitled to a rebate of 10% of rent for half of November 2019 and for the months of December 2019, January 2020 and February 2020. The discomfort to the Tenant of the Landlord's threats on January 9, 2020 warrant an additional 5% rebate of rent for the month of January 2020.