Hayes v Rusidovski

Landlord wins · Kitchener · 2025-04-25

Adjudicator

Colin Elsby

Dispute

Substantial Interference

Landlord

M.R.

Tenant

A.H.

What happened

The Tenant filed an application, initially for maintenance (T6) but amended at the hearing to substantial interference (T2). The Tenant alleged that the Landlord failed to adequately address issues caused by another tenant's cat, which was defecating in common areas and on her personal belongings. The Tenant claimed this situation substantially interfered with her reasonable enjoyment and forced her to move out.

The ruling

The Tenant's application alleging substantial interference by the Landlord was dismissed. The adjudicator found that although another tenant's cat caused issues, the Landlord took reasonable and appropriate steps to resolve the complaint. These steps included communicating with the other tenant, attempting mediation, and ultimately ensuring the cat was removed from the property. Since the Landlord fulfilled his obligations, he was not found responsible for the interference.