Tenants Win Heating Dispute Against Landlord in Hamilton, Ontario: Ritchie v Sparko Land Inc 2021
Tenants awarded $2060 in Hamilton heating dispute with landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
17 104 Sherman Avenue South, Hamilton, ON L8M2P7
Decision in favor of
tenant
Balance Owed to Tenants
$2,060
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2020
Hearing Date
Apr 2021
Order Date
Apr 27, 2021
Dispute Summary
Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Tenants were not reasonably able to participate at Case Management Hearing
- Board's jurisdiction covers issues from March 12, 2019 onwards
- Landlord acknowledged heating issues and spent $17,000 to repair boiler
- Heating problem continued until boiler replaced on January 27, 2020
- Space heaters provided by Landlord were not sufficient to maintain 20 degrees Celsius
Case Study
The Tenants were not reasonably able to participate at the Case Management Hearing, so the request to review is granted. The Tenants complained about a lack of heat in their rental unit, and the Board's jurisdiction covers issues from March 12, 2019 onwards. The Landlord acknowledged the heating issues and spent $17,000 to repair the boiler, but the problem continued until the boiler was replaced on January 27, 2020. The space heaters provided by the Landlord were not sufficient to maintain the required 20 degrees Celsius temperature.
Arguments and Actions
Landlord
Actions
The Landlord acknowledges there was a problem in 2019 and that he spent $17,000.00 to repair the issue. Despite this repair, in the fall of 2020 the problem continued until the boiler was eventually replaced on January 27, 2020.
Decision Summary
The Landlord is ordered to pay the Tenants $1,400 for reasonable out-of-pocket expenses for alternative accommodations and excess hydro costs, and $660 as a rent abatement, for a total of $2,060. If the Landlord does not pay the full amount by May 1, 2021, the Tenants will be owed interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Other Owed Amount
$2,060
Reasonable out-of-pocket expenses for alternative accommodations and excess hydro costs, and rent abatement
Total Owing
$2,060 (Owed to Tenants)
Source
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