05/06/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Landlord of noisy tenant ordered to compensate neighboring landlord for lost rent
The Tribunal held that a landlord’s tenant was causing unreasonable noise which was a significant disturbance to tenants in a neighboring unit. The landlord of the neighboring unit suffered lost rent due to tenants deciding to leave because of the disturbing noise.
The landlord of the noisy tenant had applied to the Landlord and Tenant Board for eviction of the noisy tenant, but had not pursued this remedy with reasonable haste.
The Tribunal held that the landlord of the noisy tenant had not taken reasonable steps to ensure that his tenant complied with the Condominium Act and the condominium’s governing documents, and ordered him to pay compensation in the form of the lost rent to the other (applicant) landlord.
The Tribunal also expressed concern about the efforts of the condominium corporation in the matter. The Tribunal said:
I am concerned that PSCC 19 may also have failed to be more engaged in dealing
with what is clearly a significant problem. Although the Condominium joined the
case as an intervenor, it has not participated or responded to requests for
information. Condominiums have a positive obligation to ensure that the Act,
declaration, by-laws and rules are followed, particularly if others are impacted by
non-compliance.
The Tribunal ordered the condominium corporation to meet with the two landlords to explore possible measures to be taken to help remedy the noise problems. The Tribunal also said:
PSCC 19 is further directed to investigate the complaints made by Ms. Ambrose and to ensure that it uses its powers to ensure that Mr. Campeau and Mr. Bedard are in compliance with the Act, the declaration, bylaws and rules. PSCC 19 shall provide to Ms. Ambrose copies of any communications relevant to its investigation.