Landlord and Tenant Reach Agreement in Tiny Rental Dispute: Thambirajah v Reynolds 2023
Landlord and tenant reach agreement to terminate Tiny tenancy after disputes over maintenance and rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 1391 Tiny Beaches Rd N, Tiny, ON L9M0H3
Dispute resolved in
agreement
Balance Owed to Landlord
$5,339
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
May 2023
Tenancy End Date
May 2023
Order Date
May 18, 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference. Tenants also applied regarding the Landlord's failure to meet maintenance obligations.
Determinations
- Tenancy terminated as of May 15, 2023
- Rent arrears of $10,500 owed to May 31, 2023
- Landlord collected $1,600 rent deposit
- Landlord incurred $186 application filing fee
- Tenant owed $33.99 interest on rent deposit
- Landlord's claim for $725 septic tank blockage dismissed
- Tenant awarded 15% rent abatement for loss of master bathroom from Sept 9, 2022 to May 15, 2023
- Tenant awarded 3.75% rent abatement for reduced use of master bathroom from Dec 8, 2021 to Sept 8, 2022
- Tenant awarded 2% rent abatement for fireplace mould from May 30, 2022 to May 15, 2023
Case Study
The parties agreed to terminate the tenancy as of May 15, 2023. The Tenants were found to have established that the Landlord breached maintenance obligations, and were awarded rent abatements accordingly.
Arguments and Actions
Tenant
Arguments
Landlord failed to meet maintenance obligations regarding leaking shower and mould on fireplace.
Actions
Tenants did not flush wipes down the toilet, causing septic tank blockage.
Decision Summary
The tenancy is terminated effective May 15, 2023. The Tenants must pay the Landlord $5,338.80, which includes rent arrears, application filing fee, less the rent deposit and interest, and rent abatements. If the unit is not vacated by May 15, 2023, the Landlord may file the order for enforcement.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$9,689
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$34
Total Owing
$5,339 (Owed to Landlord)
Source
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