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Case Study

Decision on Illegal Entry and Harassment Claims

LTB Order Dismisses Tenant's Claims Against Landlord

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 16, 2023

Order Issued: November 3, 2023

Termination Date: April 30, 2021

Eviction Deadline: April 30, 2021

ℹ️ Case overview

Case Number: LTB-T-072660-22
Address: 75 BYRON AVENUE KITCHENER ON N2C1Z7
Form Used: Notice of termination mentioned but form not specified
Served By: Landlord
Amount Awarded: No monetary award specified
Decision In Favor: Landlord
Application Type: T2 Application for illegal entry, alteration of locks without providing keys, harassment, and T1 Application for illegal monetary retention
RTA Sections: Section 31 of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: KYLE BREIRE
Landlord Rep: Peggy Frost
Tenant: MIKE SOUTHGATE-NICHOLLS
Tenant Rep: Zoe Brown
Adjudicator: Not specified
Keywords: illegal entry, lock change, harassment, monetary retention

⚖️ Decision summary

All claims by the tenant dismissed based on evidence and legal standards.
Landlord acted within legal rights concerning property access and security.

⚠️ Dispute summary

Dispute over landlord's entry into tenant's rental unit and subsequent actions including lock changes.
Tenant represented by agent with power of attorney, claims of harassment and illegal monetary retention.

📑 Findings & determinations

Landlord's entry not illegal as tenant's agent consented.
Locks changed for security, appropriate notice given.
No obstruction or interference by landlord proven.

💡 Summary points

Tenant's claims of illegal entry, lock change without keys, and harassment were dismissed.
Landlord changed locks for security after police intervention, provided keys later.
No evidence of landlord's interference after tenant's representative was authorized.
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