Disturbance of tenant’s peaceable enjoyment

(1) No landlord or agent shall, during the subsistence of any tenancy, remove the roof, window, door or any other part of a tenement without the consent of the tenant or otherwise than in the execution of any duty to repair the buildings, and every landlord or agent who violates this section commits an offence and on conviction thereof under the Summary Jurisdiction (Offences) Act, Cap. 98 and Summary Jurisdiction (Procedure) Act, Cap. 99 shall be liable to a fine not exceeding two hundred and fifty dollars. (2) Any damages sustained by the tenant by reason of a violation of subsection (1) of this section may, with the consent of the tenant, be assessed by the magistrate at the hearing of the criminal proceedings against the landlord or the agent and the magistrate may order such damages to be paid to the tenant out of the penalty imposed upon the landlord or agent in those proceedings. (3) Nothing in this section shall take away or in any way prejudice the right of action accruing to a tenant by reason of any such wrongful act by or on the part of a landlord or his agent or on account of any disturbance of the peaceful enjoyment by the tenant of the tenement, so, however, that the tenant shall not be entitled both to damages under subsection (2) of this section and to damages in an action at law.