Sinclair v Waterloo Region Housing
Landlord wins · Waterloo · 2025-09-17
- Adjudicator
- Nicole Pedron
- Dispute
- Substantial Interference, Tenant Rights
- Landlord
- W.R.H.
- Tenant
- R.S., B.S.
- Landlord rep
- Camelia Suciu
What happened
The Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit. The Tenants alleged that the Landlord failed to adequately address persistent noise complaints involving the unit directly above them (Unit 205). The Tenants claimed the noise, described as thumping and scraping, had persisted since 2018 and severely affected their sleep. The Landlord argued they took reasonable steps, including investigations by security guards and community specialists, and determined the noise was largely consistent with normal daily living, specifically noting a child with a medical condition (foot brace) in the unit above.
The ruling
The Tenants' application (T2) was dismissed. The Board ruled that the Tenants did not provide sufficient evidence to prove that the noise from the unit above constituted a substantial interference with their reasonable enjoyment. The Landlord was found to have taken reasonable steps to investigate the complaints.