Tenant Wins Maintenance Case: Heywood v Murray 2024
Landlord ordered to fix mold, weatherstrip, and other issues at Georgetown rental property after tenant wins maintenance case
Summarized by RentZenLast updated: October 13, 2024
Case Summary
59 King St, Georgetown, ON L7G2G6
Decision in favor of
tenant
Balance Owed to Tenant
$48
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Mar 15, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenant proved that the Landlord breached their obligations to provide and maintain the rental unit in a good state of repair and fit for habitation, in compliance with health, housing and maintenance standards.
Determinations
- Landlord breached obligations to provide and maintain rental unit in good state of repair and fit for habitation, in compliance with health, housing and maintenance standards
- Landlord failed to: install weather strip on front door, reasonably inspect and rectify mold issue in basement, sunroom and mudroom, replace dislodged or peeling kitchen tiles, and replace latch on back gates
Case Study
Section 20(1) of the Residential Tenancies Act, 2006 makes it so that a Landlord must repair and maintain a rental unit in a reasonable state of repair. The Tenant has, on a balance of probabilities, satisfied the Board that (a) there are four ongoing maintenance issues; (b) the Landlord was aware of the maintenance issues since June of 2023; and (c) the Landlord has done nothing to address the issues. Accordingly, the Landlord has breached their obligations under s. 20 of the Act.
Arguments and Actions
Tenant
Actions
Tenant stated that the basement is full of mold, the weatherstrip on the front door needs to be replaced, the kitchen floor is peeling, and the back gate latch is not working properly. Tenant told the Landlord about these issues in June 2023 but the Landlord has not addressed them.
Decision Summary
The Landlord must: install a weather strip on the front door, hire a mold inspection company to assess and address the mold issue in the basement, sunroom and mudroom, replace dislodged or peeling kitchen tiles, and replace the latch on the back gates. If the Landlord does not complete the required repairs by May 31, 2024, the Tenant is authorized to arrange for the repairs and deduct the cost from the rent.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$48
Total Owing
$48 (Owed to Tenant)
Source
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