French v Auger Properties Inc: Tenant Rights and Maintenance Dispute in Hamilton
Tenant Rights Case: French v Auger Properties Inc in Hamilton
Summarized by RentZenLast updated: July 22, 2024
Case Summary
20 Granton Street, Hamilton, ON L8S3C2
Decision in favor of
tenants
Balance Owed to Tenants
$661
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Dec 2021
Order Date
Jan 28, 2022
Dispute Summary
Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, substantially interfered with their reasonable enjoyment of the rental unit, and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlord was obligated to supply under the tenancy agreement.
Determinations
- Auger Properties Inc. is correctly named as the Landlord
- Roger Auger is removed as a party to the application
- Tenants are entitled to a 5% rent abatement for 3.5 months due to the garbage issue
- The garbage in the backyard substantially interfered with Tenants' reasonable enjoyment
- The hole in the wall did not amount to substantial interference
- The text message about lease signing was sent inadvertently
Case Study
The Tenants' claims of substantial interference were partially upheld. The Board found that the garbage left in the backyard for 3.5 months constituted a substantial interference with the Tenants' reasonable enjoyment. However, the Board dismissed claims related to the hole in the wall and the mistaken text message about a lease signing.
Arguments and Actions
Landlord
Arguments
Landlord argued that the items in the backyard were not garbage but materials belonging to the property owner.
Actions
Landlord failed to remove garbage from the backyard for 3.5 months after being notified.
Tenant
Arguments
Tenants argued that the garbage in the backyard, hole in the wall, and mistaken text message substantially interfered with their reasonable enjoyment of the rental unit.
Actions
Tenants complained multiple times about garbage in the backyard between May and September 2019.
Decision Summary
The Board partially upheld the Tenants' application, finding that the Landlord substantially interfered with their reasonable enjoyment due to garbage left in the backyard for 3.5 months. The Tenants were awarded a 5% rent abatement for this period, totaling $612.50. The Landlord was also ordered to pay the $48.00 application filing fee. Claims related to the hole in the wall and the mistaken text message were dismissed.
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
0.0%
Tenant Favorable
100.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$48
Other Owed Amount
$613
Rent abatement for garbage issue
Total Owing
$661 (Owed to Tenants)
Source
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