Fire Safety Dispute: London & Middlesex Community Housing v Major 2024
Tenants maintain rental unit by addressing fire safety concerns and agreeing to ongoing inspections
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1481 Limberlost Rd, London, ON N6G2C7
Dispute resolved in
agreement
Balance Owed to Landlord
$1,813
Landlord Waived Amount in Agreement
$186
Condition: Landlord acknowledged insufficient communication
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Aug 29, 2024
Dispute Summary
Landlord applied for an order to terminate tenancy due to serious safety impairment caused by excessive clutter and potential fire hazards in the rental unit, which posed risks to occupants and firefighters.
Determinations
- Fire safety risks due to excessive clutter
- Tenants complied with Fire Inspection Order
- Landlord acknowledged tenant's remedial actions
- Insufficient prior communication from landlord
Case Study
Serious safety impairment was proven on balance of probabilities, but a conditional order was issued instead of full termination.
Arguments and Actions
Landlord
Actions
Acknowledged insufficient communication before serving N7 notice
Procedural Errors
Premature application filing without sufficient communication
Tenant
Arguments
Landlord failed to communicate safety concerns prior to filing application
Actions
Disposed of combustible items after receiving Fire Inspection Order
Aggravating Factors
Excessive clutter creating fire safety risks
Decision Summary
Tenancy continues with conditions: maintain reasonable cleanliness, comply with Fire Inspection Order for 12 months, and allow bimonthly inspections.
Reason for Eviction Relief
Tenants quickly remedied safety concerns and remained compliant
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$166
Application Fee
$186
Other Owed Amount
$1,813
Daily compensation for use and occupation
Total Owing
$1,813 (Owed to Landlord)
Source
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