Unreasonable Interference: Unilateral Disruption of Utilities or Amenities By Landlord

Understanding When Restricting or Limiting Utility or Amenity Usage Constitutes As Unreasonable Interference

The Law

As shown above, the Residential Tenancies Act, 2006, forbids a landlord from substantially interfering in the reasonable enjoyment of the rental unit, or the rental complex, by a tenant.  Interestingly, the prohibition forbidding a substantial interference is stated vaguely and therefore may be applied very broadly by the Landlord Tenant Board; and accordingly the specific circumstances within which a landlord may be found in violation of the Residential Tenancies Act, 2006, are many and varied.

Lease Lacking Specific Terms

Furthermore, even where the written lease was silent, meaning without stating any terms, about the use of an amenity or utility, it is the previous conduct of the landlord and tenant that establishes whether the use of an amenity or utility is, or becomes, an implied term of the lease and tenancy arrangement.  This is known as the estopple by conduct principle whereas parties to a contract, such as a landlord and a tenant, are forbidden in law from arbitrarily and unilaterally changing the rules regarding conduct that was previously permitted.

The principle of estoppel by conduct applying to the use of utilities or amenities where a lease is silent about the utility or amenity was well explained by the Landlord Tenant Board within the case of P.T. v. V.R., et al, CET-74735-18 (Re), 2018 CanLII 88578 (ON LTB) where it was stated:

Legally Making Changes

When a landlord wishes to legally make changes to the tenancy arrangement, and do so in a way that reduces services, utilities, or amenitites, previously provided to the tenant, the landlord may make an offer to reduce the rent in exchange for the reduced services, utilities, or amenities.  If the tenant accepts the proposed arrangement without undue influence or improper coercion, and the proposed arrangement complies with the law, then the change becomes legal; however, as explained above, the landlord is forbidden from unilaterally imposing changes.  With respect to the requirement to reduce the rent in compensation for reduced services, utilities, or amenities, and only upon agreement with the tenant, the Residential Tenancies Act, 2006, and O. Reg. 516/06 as the general regulation to the Act, state:

Conclusion

A landlord that attempts to remove, disrupt, limit, or restrict, the access to, or usage of, services, utilities, or amenities, that were specifically provided for within a lease agreement, or that were absent from the lease agreement and yet were historically provided, does so unlawfully and with the risk of being found in violation of section 21 or section 22 of the Residential Tenancies Act, 2006.

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