Landlord Wins Maintenance and Interference Dispute: Macfarlane v Basra
LTB dismisses tenant's claims against landlord in Oakville rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
169 Pinehurst Drive North, Oakville, ON L6J4W7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Oct 2021
Order Date
Aug 16, 2023
Dispute Summary
The tenant filed applications alleging that the landlord substantially interfered with his reasonable enjoyment of the rental unit and failed to meet the landlord's maintenance obligations. The issues included water leaks, cold air, mold, lack of washing machine, and other concerns. The tenant sought various remedies including rent abatement, compensation, and repairs.
Determinations
- Tenant was evicted from the rental unit on August 28, 2019
- Tenant's applications were filed within the statutory limitation period
- Tenant's allegations regarding lack of washing machine were previously settled
- Tenant's allegations regarding landlord's eviction notices were not pursued by the landlord
- Tenant's allegations regarding basement tenant's actions were vague and unsupported
Case Study
The tenant's applications were dismissed as the allegations were either previously settled, statute-barred, or not supported by evidence. The landlord provided evidence of a prior eviction order and mediation agreement.
Arguments and Actions
Tenant
Actions
Tenant alleges issues with water leaks, cold air, mold, lack of washing machine, and other concerns.
Decision Summary
The tenant's applications were dismissed as the allegations were either previously settled, statute-barred, or not supported by evidence.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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