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Case Study

Compensation for Tenant's Conduct Interfering with Landlord's Rights

Landlord awarded costs due to tenant's failure to remove balcony enclosure

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 26, 2023

Order Issued: March 7, 2023

Termination Date: March 31, 2023

Eviction Deadline: March 31, 2023

ℹ️ Case overview

Case Number: LTB-L-038094-22
Address: 302, 21 Balmoral Ave S, Hamilton ON L8M3J7
Form Used: N5 and N6
Served By: Not specified
Amount Awarded: $3,443.00
Decision In Favor: Landlord
Application Type: Compensation for Tenant's Conduct Interfering with Landlord's Rights
RTA Sections: Section 88.1, Building Code Act, 1992 subsection 8(1)

👥 Parties involved

Landlord: 21 Balmoral Avenue South GP Inc
Landlord Rep: Rachel Gibbons, Howard Dixon
Tenant: Leigh King
Tenant Rep: Self Represented
Adjudicator: Amanda Kovats
Keywords: compensation, substantial interference, balcony enclosure, maintenance obligations, out-of-pocket expenses

⚖️ Decision summary

Tenant to pay landlord a total of $3,443.00 by March 31, 2023.
Interest to accrue at 5% annually if payment not made by deadline.

⚠️ Dispute summary

Tenant constructed unauthorized balcony enclosure.
Landlord required to perform maintenance, hindered by enclosure.
Tenant served with notices but failed to comply in timely manner.

📑 Findings & determinations

Tenant's actions substantially interfered with landlord's rights.
All costs claimed by landlord deemed reasonable.

💡 Summary points

Tenant failed to remove balcony enclosure, interfering with landlord's maintenance obligations.
Landlord awarded $3,257.00 in compensation for out-of-pocket expenses.
Additional $186.00 awarded for application filing costs.
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🧑‍⚖️ Same adjudicator

Amanda Kovats