M.R.L.K. v B.G.

Last updated: July 30, 2024

Order

Ordered by ,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: June 9, 2017
Contested Dispute

Decision in favor of

Tenant

ContentionModerate

Agree with the ruling?

Citation: M.R.L.K. v B.G., 2017 CanLII 60830

File Number: TSL-74501-16-RV

Timeline

Application Date (Estimate)

May 2017

1 months

Hearing Date

Jun 2017

7 days

Order Date

Jun 9, 2017

We estimate Application Date using rent arrears.

Decision

The Board granted the Tenant's request for review and amended the original order. The amount owed by the Tenant was reduced from $1,762.77 to $1,166.26, considering recalculated rent abatements and interest from previous orders. The payment due date was extended to June 20, 2017.

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Dispute

Landlord applied for termination and eviction due to non-payment of rent. Tenant requested a review of the original order, citing errors in rent arrears calculation. The review hearing focused on determining the correct amount of rent owed, considering previous rent abatements and interest awarded to the Tenant.

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Determinations

  • Original order contained a serious error in rent arrears calculation
  • Hot water supply issue resolved earlier than previously determined
  • Rent abatements and interest from previous orders recalculated
  • Total amount owed by Tenant reduced from $1,762.77 to $1,166.26
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Landlord's Arguments

Arguments

Landlord contended that the hot water supply issue was resolved earlier than previously determined, affecting the rent reduction calculation.

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Actions and Evidence

Landlord mainly agreed that work was completed by December 2015 but disputed that the hot water supply was ever an issue. Landlord submitted an invoice for work done on the hot water line in April 2015.

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Tenant's Arguments

Arguments

Tenant argued that work on the rental unit was completed by December 2015, as confirmed by a City Inspector.

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Actions and Evidence

Tenant requested a review of the original order, claiming errors in rent arrears calculation. Tenant believed that after proper calculation of rent abatements, no arrears should be owed.

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