Landlord Wins Maintenance Dispute: Ndongo v Centa Real Estate Ltd
Tenant's maintenance complaint dismissed as he failed to inform landlord of issues
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 38 Alison Korn Private Ruelle, Nepean, ON K2H8M6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2020
Hearing Date
Mar 2021
Order Date
Nov 26, 2021
Dispute Summary
Tenant applied for an order determining that Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards.
Determinations
- Tenant moved in 2016 and noted many issues in the rental unit
- Issues from 2016, 2017 and 2018 fell outside the limitation period
- City of Ottawa report noted maintenance issues including mold, dampness, electrical issues, heating system issues, and cleanliness issues
- Landlord addressed some issues like mice and vanity/kitchen repairs in a timely manner
- Tenant failed to demonstrate he informed Landlord of issues reported in City of Ottawa report, so Landlord could not address them prior to receiving the report
Case Study
The Tenant's claim was dismissed as he failed to demonstrate that he informed the Landlord of the maintenance issues reported by the City of Ottawa, and therefore the Landlord was not given the opportunity to address these issues prior to receiving the City's report.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative submitted that the issues dating back prior to the limitations period were all addressed in a reasonable and timely manner, and that the issues from the City of Ottawa's report were separate from the issues claimed in 2016, 2017 and 2018.
Actions
Landlord testified that anytime the Tenant emailed him, he would attend the rental unit to address the Tenant's concerns. Landlord also testified that when the Tenant vacated the rental unit, it was in a state of disrepair and messiness.
Tenant
Actions
Tenant submitted that as a result of the Landlord's failure to address the repairs and maintenance required, the Tenant was unable to fully enjoy the rental unit.
Decision Summary
The Tenant's application was dismissed as he failed to demonstrate that he informed the Landlord of the maintenance issues reported by the City of Ottawa, and therefore the Landlord was not given the opportunity to address these issues prior to receiving the report.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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