Last updated: January 12, 2025
Ordered by Dawn Carr,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$17,250
to Landlord
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Citation: Maksym Wawruch v Waite, 2024 ONLTB 66426
File Number: LTB-L-052859-23
Application Date (Estimate)
Jan 2023
Hearing Date
May 2024
Order Date
Oct 4, 2024
We estimate Application Date using rent arrears.
The Tribunal dismissed the Landlord's L1 application for eviction due to non-payment of rent. The Tribunal found that the Landlord was responsible for providing heat in the rental unit, and the Tenant's non-payment of rent was justified due to the Landlord's failure to do so. The Landlord was given an opportunity to continue the L1 application as an arrears only application without eviction, but did not respond.
Landlord failed to provide heat as required by the lease agreement
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Landlord withdrew the substantial interference application after the evidence was heard on the non-payment application.
Landlord argued that the lease agreement made the Tenant responsible for gas, and therefore the Landlord was not responsible for providing heat.
Landlord says heat in the unit is provided by gas and that according to the lease agreement, the Tenant is responsible for gas, therefore the Landlord cannot be responsible for a lack of heat if the Tenant doesn't pay the gas.
Tenant argued that the Landlord failed to provide heat as required by the lease agreement, which justified his non-payment of rent.
Tenant says he stopped paying rent in part because the Landlord did not provide heat as required.
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Lawful Rent
$1,000
Rent Arrears
$17,250
Ordered Amount
$17,250 (to Landlord)
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