Ho v Grabarnik
Landlord wins · North York · 2025-04-16
- Adjudicator
- Melissa Anjema
- Dispute
- Substantial Interference
- Notice
- Agreement to Terminate a Tenancy (N11), Personal use (N12)
- Landlord
- G.G.
- Tenant
- T.H.
- Landlord rep
- Sarah Teal
What happened
The Tenant applied for an order against the Landlord, alleging substantial interference with reasonable enjoyment. The claims included the Landlord and his realtor taking unauthorized photos/videos, subjecting the Tenant to excessive showings while the unit was for sale, and sending an unsolicited N11 form to terminate the tenancy. The Tenant's application was ultimately dismissed.
The ruling
The Tenant's application alleging substantial interference by the Landlord is dismissed. The Board determined that the Landlord's actions, including taking photos for inspection and sale purposes, the frequency of showings for potential buyers, and sending an N11 form, did not meet the legal threshold for substantial interference with the Tenant's reasonable enjoyment of the rental unit.