Tenant Wins Maintenance Dispute: Ali v IPG management group 2024
Toronto tenant awarded $83 after landlord failed to promptly fix washing machine issue
Summarized by RentZenLast updated: October 13, 2024
Case Summary
327 Howland Ave, Toronto, ON M5R3C1
Decision in favor of
tenant
Balance Owed to Tenant
$83
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
Jul 24, 2024
Dispute Summary
Tenant filed a T6 application alleging that the Landlord failed to meet their maintenance and repair obligations with respect to a problem with the washing machine in the rental unit. The Tenant informed the Landlord of the issue in December 2021, and the Landlord responded by advising the Tenant to clean the machine. The issue persisted, and the Landlord did not resolve it until August 2022.
Determinations
- Tenant filed T6 application for landlord's failure to meet maintenance obligations
- Tenant informed landlord of washing machine issue in December 2021
- Landlord responded reasonably in December 2021, February 2022, and April 2022
- Tenant informed landlord again on May 6, 2022 that issue was not resolved
- Landlord did not respond until August 2022, when issue was resolved
Case Study
The LTB should take a contextual approach and consider the entirety of the factual situation in determining whether there was a breach of the landlord's maintenance obligations, including whether the landlord responded to the maintenance issue reasonably in the circumstances.
Arguments and Actions
Landlord
Actions
Landlord advised tenant to clean the washing machine with bleach in December 2021. Landlord sent a technician to examine the washer in April 2022, who recommended the tenant use an 'affresh' tablet to clean the machine.
Tenant
Actions
Tenant informed landlord of washing machine issue in December 2021, February 2022, and April 2022. Tenant was unable to clean the machine and informed landlord again on May 6, 2022, but landlord did not respond until August 2022.
Decision Summary
The Landlord failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 between May 6, 2022 and August 18, 2022 with respect to the washing machine issue. The Tenant is entitled to a rent abatement of $35 and reimbursement of the $48 application filing fee.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$1,795
Application Fee
$48
Total Owing
$83 (Owed to Tenant)
Source
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