Mainline Living Property Management v Colley
Split/Other wins · Brantford · 2025-05-12
- Adjudicator
- Nicole Pedron
- Dispute
- Maintenance, Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- Mainline Living Property Management
- Tenant
- F.C.
- Landlord rep
- Tania Brocklehurst
- Tenant rep
- Brittney Colley
What happened
The Landlord applied to evict the Tenant for rent arrears. The Tenant contested a 2024 rent increase, alleging improper notice, but the Board found the notice valid. The Tenant successfully raised issues under section 82 of the Act, claiming the Landlord failed to repair a faulty washing machine and substantially interfered with his enjoyment by conducting numerous excessive and improperly noticed entries into the rental unit. A significant rent abatement was awarded to the Tenant for these breaches.
The ruling
The tenancy is conditionally terminated. The Tenant can void the eviction by paying the Landlord $12,159.59 by May 23, 2025. If not paid, the Tenant must vacate by that date and owes the Landlord $4,841.94 plus daily compensation. The amount owed was significantly reduced by a $6,600.93 rent abatement awarded to the Tenant due to the Landlord's failure to fix a washing machine and for conducting multiple excessive and improperly noticed entries.