Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-$437
to Tenant
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Hearing Date
Apr 2022
Order Date
Apr 17, 2023
The Landlord's application for eviction due to non-payment of rent is denied. The Landlord shall pay the Tenant $436.80, which includes an abatement of rent for issues related to the boiler fire and water shut-offs, less the $186.00 application filing fee. The Tenant may reduce their May 2023 rent by the $436.80 owed to them. If the Landlord does not pay the Tenant by May 1, 2023, the Landlord will owe interest at 6% annually on the outstanding balance.
Landlord breached maintenance obligations and substantially interfered with tenant's reasonable enjoyment
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, but the Tenant did not void the notice by paying the rent arrears.
Tenant raised issues pursuant to section 82 of the Residential Tenancies Act, 2006 regarding the Landlord's failure to maintain the boiler and provide adequate heat, as well as the frequent water shut-offs.
Tenant testified they felt very cold and had to sleep with lots of blankets and extra clothes due to lack of heat. Tenant was too concerned about causing a fire to use the heater the Landlord provided at night.
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Lawful Rent
$1,040
Application Fee
$186
Ordered Amount
-$437 (to Tenant)
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