Abdelrahman v Charlebois

Landlord wins · Ottawa · 2025-11-24

Adjudicator

Kyle McGraw

Dispute

Substantial Interference, Tenant Rights

Landlord

12728877 Canada Inc.

Tenant

A.A., A.I.

Landlord rep

Audrey Bureau

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment due to loud banging noises caused by building equipment at night. The Tenants alleged the noise forced them to vacate the unit early. The Landlord countered that while a 'water hammer' issue existed, it only affected higher floors and that the Tenants likely used the noise as an excuse to break their lease after purchasing a house.

The ruling

The Tenants' application was dismissed. The Board found that the Tenants failed to prove that the Landlord's building equipment noise substantially interfered with their enjoyment of the unit. The evidence suggested the Tenants moved out because they bought a house rather than because of the noise, especially since they provided no records of complaints or noise logs and lived on a floor unlikely to be affected.