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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

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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