BOULAY v KOVAK - Landlord and Tenant Board Ruling on Backyard Access and Internet Service

Dispute Summary

Tenant applied for an order determining that the Landlords substantially interfered with the reasonable enjoyment of the rental unit or residential complex, withheld or interfered with vital services or care services and meals, and failed to meet the Landlords' maintenance obligations. The parties settled most issues, except for the Landlord's denial of access to the backyard and failure to provide internet service.

Determinations

• Parties agreed to narrow the issues to backyard access and internet service
• Tenant was previously allowed to use backyard, but was later denied access
• Backyard is considered a common recreational facility under the Act
• Landlords' exclusion of Tenant from backyard was unreasonable
• Tenant entitled to 25% rent abatement for loss of backyard use
• Lease requires Landlords to provide standard residential internet service
• Tenant entitled to reimbursement for internet costs paid since service was lost

Arguments and Actions