KH v PLKH and RSSWH
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
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Citation: KH v PLKH and RSSWH, 2017 CanLII 142752
File Number: TST-75153-16, TST-75154-16
Timeline
Tenancy End Date
Feb 2016
Application Date
Jul 2016
Hearing Date
Feb 2017
Order Date
Nov 14, 2017
Decision
The Landlord and Tenant Board ordered the Landlords to pay the Tenant $9,119.71 for rent abatement, out-of-pocket expenses, replacement costs, and the application fee. The tenancy was terminated effective February 29, 2016. The Tenant's claims for illegal entry and harassment were dismissed due to lack of requested remedies.
Dispute
Tenant filed T2 and T6 applications alleging harassment, illegal entry, maintenance issues, and substantial interference with reasonable enjoyment due to a leaky air-conditioning unit and mould in the rental unit. The tenant also claimed these issues caused health problems and forced her to move out.
Determinations
- Landlords failed to comply with maintenance obligations
- Landlords substantially interfered with Tenant's reasonable enjoyment
- Mould present in the rental unit
- Landlords did not respond reasonably to maintenance issues
- Tenant's health was negatively impacted by mould and poor air quality
- Tenant's decision to vacate the unit was reasonable
Landlord's Arguments
Arguments
Landlords relied on an email from the building's property manager stating that no mould was detected during the annual inspection.
Actions and Evidence
Landlords failed to address the leak in the air-conditioning unit for six weeks and did not take action to investigate or remediate mould issues in the rental unit.
Tenant's Arguments
Arguments
Tenant argued that the Landlords failed to meet their maintenance obligations and substantially interfered with reasonable enjoyment of the rental unit.
Actions and Evidence
Tenant reported maintenance issues, sought medical attention for health problems, and eventually moved out of the unit due to poor living conditions.
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