Maintenance Dispute Dismissed: Howorth v Dawson 2024 LTB Case
Tenants' maintenance complaint about furnace breakdown dismissed by LTB
Summarized by RentZenLast updated: November 14, 2024
Case Summary
390 Mathew St, Cobourg, ON K9A3E8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Sep 3, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord failed to meet maintenance obligations during a furnace breakdown from March 14 to March 20, 2023.
Determinations
- Landlord promptly addressed furnace repair
- Landlord offered space heaters
- No temperature measurements were taken
- Tenants did not prove maintenance breach
Case Study
The Board applied a contextual approach considering the landlord's response to the maintenance issue, as established in Onyskiw v. CJM Property Management Ltd.
Arguments and Actions
Landlord
Arguments
Responded reasonably to maintenance issue, offered mitigation
Actions
Promptly contacted repair person, offered space heaters, monitored repair situation
Tenant
Arguments
Furnace breakdown and door gap caused insufficient heating
Actions
Tenants noticed heat not functioning, sent text message, rejected additional space heater, wore boots and jackets indoors
Decision Summary
The Tenant's application was dismissed as they did not prove the Landlord failed to meet maintenance obligations during the furnace breakdown.
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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