MEDDCO PROPERTIES INC v Sopoco: Rent Dispute and Maintenance Issues in London, ON
London tenant's unilateral rent reduction deemed unreasonable, ordered to pay $994 in arrears over 6 months
Summarized by RentZenLast updated: July 22, 2024
Case Summary
630 Dundas Street, London, ON N5W2Y8
Decision in favor of
landlord
Balance Owed to Landlord
$994
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Oct 2022
Order Date
Mar 31, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for termination of tenancy and eviction due to non-payment of rent. Tenant disputed rent amount based on a municipal property tax reduction notice. Tenant also raised maintenance issues related to flooding in the rental unit.
Determinations
- Landlord addressed flooding issues reasonably
- Landlord served valid N4 Notice
- Landlord's rent charge found lawful
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Tenant's unilateral rent reduction deemed unreasonable
Case Study
The Tenant's unilateral rent reduction based on the municipal notice was deemed unreasonable. The Landlord's rent charge was found lawful due to the Tenant's failure to challenge it within the statutory timeframe. The Tenant's maintenance concerns were addressed reasonably by the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord argued that the rent reduction was already applied pursuant to subsection 4(b)(3) of the tenancy agreement.
Actions
Landlord sent contractors and plumbers to address flooding issues in the rental unit. Landlord had the Tenant's carpet steam cleaned twice.
Tenant
Arguments
Tenant argued that the lawful monthly rent was reduced by 3.08% pursuant to a letter from the City of London.
Actions
Tenant unilaterally reduced rent based on a municipal property tax reduction notice without discussing with the Landlord. Tenant continued paying reduced rent despite Landlord's disagreement.
Procedural Errors
Tenant failed to apply to the LTB challenging the validity of the rent charged within the one-year statutory period.
Decision Summary
The Landlord's application for eviction is denied, subject to conditions. The Tenant must pay $993.86 in arrears and costs in six monthly installments, pay lawful monthly rent for six months, and pay any additional arrears by October 31, 2023. Failure to comply may result in termination of tenancy without further notice.
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$779
Rent Arrears
$4,703
Application Fee
$186
Rent Deposit
$725
Total Owing
$994 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.