Noise Complaints (LTB): Difference between revisions
(Created page with "Category:Landlord Tenant ==[http://canlii.ca/t/h5zn2 TST-80853-17 (Re), 2017 CanLII 60769 (ON LTB)]== '''Preliminary Matters... At the outset of the hearing, given the...") |
|||
| Line 12: | Line 12: | ||
5. The Tenants’ allege that the Landlords failed to address the inadequacy of the soundproofing in the residential complex (in breach of the Landlord’s obligation under s.20 of the Residential Tenancies Act, 2006 (“the Act”) (T6); as well as their noise complaints with respect to the unit below them, substantially interfering with their reasonable enjoyment of the unit for the period from November 2015 until the end of the tenancy at the end of December 2016 (T2). | 5. The Tenants’ allege that the Landlords failed to address the inadequacy of the soundproofing in the residential complex (in breach of the Landlord’s obligation under s.20 of the Residential Tenancies Act, 2006 (“the Act”) (T6); as well as their noise complaints with respect to the unit below them, substantially interfering with their reasonable enjoyment of the unit for the period from November 2015 until the end of the tenancy at the end of December 2016 (T2). | ||
112. It is well-settled law that a landlord has a duty to address disturbances to a tenant’s enjoyment of a unit caused by noise from other tenants. | |||
113. Here, I have documented and essentially undisputed evidence that there were repeated noise complaints by the Tenants to the Landlord concerning sound from the first floor unit from November 2015 to November 2016. The Tenant from the first floor, ST, in his evidence, conceded that there were multiple noise complaints by the Tenants. | |||
114. The Landlord’s response was essentially to telephone the first floor unit tenant(s) and ask them to keep the noise down. | |||
115. The disturbances continued. The response by the Landlord remained the same. In these circumstances, it was inadequate. | |||
116. As the Landlord is well aware from the decision of my colleague, Member Jean-Paul Pilon in Order TST-16760-11 issued September 11, 2011 (“the September 2011 order”) – in which she was the respondent with respect to an ongoing noise issue at the same address, a landlord has a duty to take reasonable steps to address noise complaints to “…correct the intrusion of the neighbouring tenant on the tenant’s right to quiet enjoyment” (see Hassan v. Niagara Housing Authority [2000] O.J. No. 5650 (Ont. Div. Ct). These reasonable steps included (as highlighted at para. 4 of the September 2011 order), serving upon “…the offending tenants a notice of eviction”. | |||
123. In the context of considering the impact on the Tenants of this breach and the appropriate remedy, it seems striking to me – particularly in light of the occurrence of an incident with ST that was reported to police – that no written complaint was ever made to the Landlord (as admitted in oral evidence). While I am alive to the fact – as clarified in re-examination by BLS – that the Landlord provided no email, text or fax number to the Tenants, this level of disturbance over this period of time, ought reasonably have provoked at least one letter or posting to the Landlord (apart from the police documentation and logs that were shared with her) to emphasize the nature and extent of the incursion into their lives imposed by these noise disturbances. I find the absence of any correspondence to the Landlord regarding the noise complaints even more conspicuous in light of the fact that the Tenants have claimed that they concluded that the unit was “uninhabitable” as of early November 2016). | |||
125. Based on my knowledge of, and experience with, similar cases and, further, given the duration and nature of the noise problem as described by the Tenants and the Landlord’s inadequate investigation and follow-up of these issues, and the lack of convincing evidence that the unit was otherwise not habitable, I am satisfied that the Tenants are entitled to an abatement of 10% of the rent ($2,300.00) for the period from November 6, 2015 to November 11, 2016 (370 days), which totals $2,797,81). | |||
Revision as of 17:10, 15 January 2020
TST-80853-17 (Re), 2017 CanLII 60769 (ON LTB)
Preliminary Matters...
At the outset of the hearing, given the multiple applications before me, I asked BLS to provide an overview of the issues advanced in the Tenants’ applications.
He provided the following summary of issues.
(...)
5. The Tenants’ allege that the Landlords failed to address the inadequacy of the soundproofing in the residential complex (in breach of the Landlord’s obligation under s.20 of the Residential Tenancies Act, 2006 (“the Act”) (T6); as well as their noise complaints with respect to the unit below them, substantially interfering with their reasonable enjoyment of the unit for the period from November 2015 until the end of the tenancy at the end of December 2016 (T2).
112. It is well-settled law that a landlord has a duty to address disturbances to a tenant’s enjoyment of a unit caused by noise from other tenants.
113. Here, I have documented and essentially undisputed evidence that there were repeated noise complaints by the Tenants to the Landlord concerning sound from the first floor unit from November 2015 to November 2016. The Tenant from the first floor, ST, in his evidence, conceded that there were multiple noise complaints by the Tenants.
114. The Landlord’s response was essentially to telephone the first floor unit tenant(s) and ask them to keep the noise down.
115. The disturbances continued. The response by the Landlord remained the same. In these circumstances, it was inadequate.
116. As the Landlord is well aware from the decision of my colleague, Member Jean-Paul Pilon in Order TST-16760-11 issued September 11, 2011 (“the September 2011 order”) – in which she was the respondent with respect to an ongoing noise issue at the same address, a landlord has a duty to take reasonable steps to address noise complaints to “…correct the intrusion of the neighbouring tenant on the tenant’s right to quiet enjoyment” (see Hassan v. Niagara Housing Authority [2000] O.J. No. 5650 (Ont. Div. Ct). These reasonable steps included (as highlighted at para. 4 of the September 2011 order), serving upon “…the offending tenants a notice of eviction”.
123. In the context of considering the impact on the Tenants of this breach and the appropriate remedy, it seems striking to me – particularly in light of the occurrence of an incident with ST that was reported to police – that no written complaint was ever made to the Landlord (as admitted in oral evidence). While I am alive to the fact – as clarified in re-examination by BLS – that the Landlord provided no email, text or fax number to the Tenants, this level of disturbance over this period of time, ought reasonably have provoked at least one letter or posting to the Landlord (apart from the police documentation and logs that were shared with her) to emphasize the nature and extent of the incursion into their lives imposed by these noise disturbances. I find the absence of any correspondence to the Landlord regarding the noise complaints even more conspicuous in light of the fact that the Tenants have claimed that they concluded that the unit was “uninhabitable” as of early November 2016).
125. Based on my knowledge of, and experience with, similar cases and, further, given the duration and nature of the noise problem as described by the Tenants and the Landlord’s inadequate investigation and follow-up of these issues, and the lack of convincing evidence that the unit was otherwise not habitable, I am satisfied that the Tenants are entitled to an abatement of 10% of the rent ($2,300.00) for the period from November 6, 2015 to November 11, 2016 (370 days), which totals $2,797,81).
