Landlord Ordered to Comply with Tenant's Rights in Ottawa Rental Dispute: 10058840 Canada Inc. v Rossing 2021
LTB orders landlord to comply with tenant's rights in Ottawa rental dispute, including parking, receipts, and addressing complaints
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1889 Carling Avenue, Ottawa, ON K2A1E6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jan 2021
Order Date
Apr 27, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was heard over two dates, with both parties attending the first hearing and only the Tenant attending the second hearing.
Determinations
- Tenant has parking space 11 included in rent, Landlord cannot remove Tenant's belongings or rent the space to another tenant without Tenant's consent
- Landlord is now complying with providing rent receipts, no rent abatement ordered but Landlord must continue to comply with the Act
- Landlord may not have provided accurate or complete information in Notices of Entry, Landlord ordered to comply with the Act
- Landlord has an obligation to deal with Tenant's complaints in a timely fashion, no order for abatement but Landlord's lack of response could result in future abatement
Case Study
The Tenant raised several issues under Section 82 of the Residential Tenancies Act, 2006, including parking, lack of receipts, incomplete notices of entry, and the Landlord's failure to address complaints about other tenants. The Adjudicator made determinations on each of these issues.
Arguments and Actions
Tenant
Arguments
Tenant raised issues under Section 82 of the Residential Tenancies Act, 2006, including parking, lack of receipts, incomplete notices of entry, and the Landlord's failure to address complaints about other tenants.
Actions
Tenant stated that the Landlord's dog was aggressive towards him when accessing and leaving the rental unit, and the Landlord did nothing except say they would talk to the tenants.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant due to non-payment of rent was not granted. The Adjudicator made orders related to the Tenant's issues, including requiring the Landlord to provide rent receipts, comply with notice of entry requirements, and not remove the Tenant's belongings from the parking space.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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