File:Hassan-v-Niagara-Housing-Authority.pdf

Hassan v. Niagara Housing Authority, 2001 CarswellOnt 4890

Headnote

Landlord and tenant --- Premises — Quiet enjoyment — Breach of covenant Tenant and his family suffered repeated harassment by neighbouring tenant's children, which included verbal and physical abuse and damage to tenant's property — Harassment increased even after tenant informed landlord of harassment through verbal and written complaints — Tenant's application to Ontario Rental Housing Tribunal for order determining landlord had substantially interfered with reasonable enjoyment of rented premises by failing to control harassment was dismissed — Tribunal held there was no evidence showing landlord had substantially interfered with tenant's reasonable enjoyment of rental unit as there was no mens rea on part of landlord to do so — Tenant appealed — Appeal allowed — Landlord had legal responsibility to provide tenant with quiet enjoyment and to take reasonable steps within reasonable length of time to correct intrusion of neighbouring tenant to ensure tenant had quiet enjoyment of rental unit — Writing threatening letters and holding meetings with offending tenant was not enough if harassment only continued and worsened.