Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Barnes v Silver Dove Estates, 2024 ONLTB 9551
File Number: LTB-T-081281-22
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 22, 2024
The application is dismissed. The Landlords have not reduced the Tenants' ability to use the Clubhouse.
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.
Landlords argued that as the owners, they are entitled to set and enforce rules regarding the use of the Clubhouse.
Landlords removed Tenants' items from the Clubhouse in 2021 as they believed the Tenants were only permitted to use the Clubhouse with prior permission.
Tenants argued that their right to use the Clubhouse is unrestricted.
Tenants placed items in the Clubhouse in 2021 with the intention of using it for social activities, but the Landlords removed the items.
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