Landlord Wins Clubhouse Dispute: Barnes v Silver Dove Estates 2024
LTB dismisses tenants' application to access clubhouse at Silver Dove Estates campground, finding landlord's restrictions reasonable
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 4838 Switzer Drive, Appin, ON N0L1A0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 22, 2024
Dispute Summary
The Tenants applied for a reduction of the rent charged for the rental unit due to a reduction or discontinuance in services or facilities provided in respect of the rental unit or the residential complex. The central issue was whether the Landlords have reduced the Tenants' ability to use a clubhouse.
Determinations
- Landlords have not reduced Tenants' ability to use Clubhouse
- Clubhouse available for use by Tenants when Landlords provide permission
- Landlords' decision to maintain minimal heat and use Clubhouse for storage is reasonable
Case Study
The Tenants cannot have understood that the right to unrestricted use of the Clubhouse was a term of their leases. The agreement of the parties is that the Clubhouse is available for use by the Tenants when the Landlords reasonably provide permission. The Landlords' decision to maintain minimal heat in the Clubhouse during the off-season and use it for paid storage is reasonable.
Arguments and Actions
Landlord
Arguments
Landlords argued that as the owners, they are entitled to set and enforce rules regarding the use of the Clubhouse.
Actions
Landlords removed Tenants' items from the Clubhouse in 2021 as they believed the Tenants were only permitted to use the Clubhouse with prior permission.
Tenant
Arguments
Tenants argued that their right to use the Clubhouse is unrestricted.
Actions
Tenants placed items in the Clubhouse in 2021 with the intention of using it for social activities, but the Landlords removed the items.
Decision Summary
The application is dismissed. The Landlords have not reduced the Tenants' ability to use the Clubhouse.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
91.7%
Tenant Favorable
0.0%
Mutual Agreement
8.3%
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