Interference with quiet enjoyment
59E Interference with quiet enjoyment
A lessor who causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises commits an offence.
Penalty for this subsection: a fine of $10 000.
The liability of a person in civil proceedings is not affected by the commencement of proceedings against the person for an offence under subsection (1) or the conviction of the person in proceedings for the offence.
When a charge of an offence under subsection (1) relates to a failure by the lessor to give the tenant a copy of a key to the premises, it is a defence to the charge to prove that —
the copy of the key had been given to the lessor under section 45(2)(b); and
the tenant was a person to whom the lessor was instructed not to give the copy of the key under section 45(2)(c)(ii).
[Section 59E inserted: No. 60 of 2011 s. 56; amended: No. 3 of 2019 s. 14 and 25.]
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