ANTONIOU v BIELBY
Split/Other wins · Welland · 2025-05-23
- Adjudicator
- Jane Dean
- Dispute
- Harassment, Maintenance, Substantial Interference
- Landlord
- L.D.B., R.T.
- Tenant
- P.A., D.R.L.
What happened
The Tenants filed T2 and T6 applications alleging the Landlords substantially interfered with their reasonable enjoyment, harassed them, and failed to meet maintenance obligations. Some issues (verbal harassment, missing railing, detectors, bathroom mold) were dismissed under the principle of res judicata as they were decided in a previous LTB hearing. The remaining issues were considered. The Landlords consented to the T2 remedies regarding communication and entry notices. The T6 maintenance application regarding a rusty gate, cat urine odour, a dusty fan, and yard work was dismissed entirely.
The ruling
The Tenants' application was partially successful. The Board ordered the Landlords to comply with sections 22, 23, and 27 of the Residential Tenancies Act regarding interference, harassment, and providing proper written notice for entry. However, the Tenants' entire T6 application concerning maintenance issues (a rusty gate, cat urine odour, a dirty fan, and yard work) was dismissed. The Board found the Tenants either failed to provide sufficient proof, did not properly notify the Landlords, or were themselves responsible for the maintenance as per their lease agreement and a local by-law.