Nemy v Homestead Land Holdings ltd

Landlord wins · Ottawa · 2025-08-29

Adjudicator

Nicole Pedron

Dispute

Maintenance, Substantial Interference, Tenant Rights

Landlord

Homestead Land Holdings ltd

Tenant

R.N.

Landlord rep

Meagan O'Connor, Cesar Duran

What happened

The Tenant applied for an order claiming the Landlord substantially interfered with the reasonable enjoyment of the unit. The Tenant's daughter, who was the sole occupant of the unit while the Tenant resided elsewhere, complained of drilling and renovation noise from other units in the building. The Landlord argued that the daughter was not a legal tenant and that the maintenance work was performed within reasonable hours and provided adequate notice.

The ruling

The Tenant's application is dismissed. The Board found that the occupant (the Tenant's daughter) did not have standing to bring the claim as she was not a legal tenant or a member of the Tenant's household. Additionally, the Landlord's renovation work was found to be reasonable maintenance carried out within legal hours, failing to meet the threshold for substantial interference.