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Case Study

LTB Case Review on Tenant Harassment and Illegal Unit

Review of Tenant's Complaint Against Landlord for Harassment and Rental Unit Issues

🕑 Case timeline

Application Date: March 4, 2022

Hearing Date: May 31, 2023

Order Issued: 2023-11-01

Termination Date: June 11, 2021

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-012775-22-RV
Address: Basement, 58 MATCHETT CRES, LINDSAY ON K9V0G7
Form Used: N11
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Review Order for Tenant's Application on Harassment and Interference
RTA Sections: Section 19 - Frustration of Contract, Section 29 (2) - Consideration of events during tenancy

👥 Parties involved

Landlord: Brittany Roberts
Landlord Rep: C. Francey
Tenant: Christine Atkins
Tenant Rep: J. Miske
Adjudicator: Not specified
Keywords: harassment, interference, fire damage, illegal unit, tenancy not terminated properly

⚖️ Decision summary

Tenancy was not frustrated by the fire as the unit was not completely destroyed.
Landlord's financial inability to restore unit does not constitute legal frustration of tenancy.

⚠️ Dispute summary

Tenant alleges landlord interfered with enjoyment and harassed after a fire damaged the unit.
Landlord argued tenancy was frustrated due to fire and subsequent legal issues with the unit.

📑 Findings & determinations

Review granted due to lack of notice for original hearing.
Tenancy not legally terminated; fire did not frustrate the contract.

💡 Summary points

Tenant applied for review of landlord's actions interfering with enjoyment and harassment.
Original application resolved by order, reviewed upon tenant's request.
Landlord claimed tenancy ended due to fire; adjudicator disagreed.
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