Elliott v Wa kalombo

Landlord wins · Ajax · 2025-05-21

Adjudicator

Elena Jacob

Dispute

Substantial Interference

Notice

Tenant rights (T2)

Landlord

N.M.W.K.

Tenant

L.E.

Landlord rep

Antonio Mwamba

What happened

The Tenant filed an application alleging substantial interference with reasonable enjoyment due to noise from the Landlord's son, who resides in the upper unit. The Tenant claimed this involved loud music, parties, and stomping. While five specific noise incidents were documented and undisputed, the Adjudicator found that the issue was resolved immediately upon the Tenant's complaint each time. The Tenant's broader claim for a $22,000 rent abatement over 10 months was dismissed due to a lack of detailed evidence for other alleged incidents.

The ruling

The Tenant's application is dismissed. The Adjudicator found that the Tenant failed to prove on a balance of probabilities that the Landlord substantially interfered with their reasonable enjoyment. The five documented noise complaints were resolved immediately, and the Tenant's broader claims lacked the necessary detailed evidence to be considered.