Mccaughley v Jain - LTB Ruling on Maintenance and Interference

Dispute Summary

Tenant applied for an order determining that Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household; and, failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.

Determinations

• The Tenant's T6 application is brought pursuant to s.29(1) Residential Tenancies Act, 2006 (the 'Act') and alleges the Landlord has breach an obligation under s.20(1).
• The Tenant's applications were filed on June 7, 2022 and the Tenant's T6 Application was amended on March 29, 2024. The Tenant's applications seek a rent abatement in the amount of $22,500.00.
• The Tenant moved into the rental unit in December 2021 and moved out of the rental unit on February 28, 2023. The monthly rent was $2,500.00.
• Based upon the testimony given, I find on a balance of probabilities there were birds/pigeons in the attic area and under the solar panels from mid December 2021 through to March 2022. While the Tenant testified the loud screeching impacted the Tenant and her family at work and school, the Tenant's evidence lacked particulars as to which days were missed or impacted as a result. The Tenant's evidence also lacked particulars as to how their health was impacted; there was also no medical or other documentation rendered in support of the purported health impact sustained.
• I find the presence of birds/pigeons in the attic area and under the solar panels caused the Tenant some inconvenience due to the noise and inability to open windows. I find there was some disruption to the Tenant's enjoyment and use of the rental unit and that an abatement of 10% of the rent for the 3-month period extending from January 2022 through to March 2022 to be fair, for a total abatement of $750.00.
• I find the Tenant's evidence believable that the kitchen sink continued to malfunction between January 5 and January 20, 2022. I find there was some disruption to the Tenant's normal use and enjoyment of the rental unit during this period as a result of the Landlord's failure to properly fix the kitchen drain/ faucet on January 5, 2022. I find an abatement of 10% for this approx. 2-week period to be fair, for a total abatement of $115.00.
• The Tenant's amended application, filed March 29, 2024, also alleged that the Tenant experienced thermostat and hot water tank issues; and that the Landlord failed perform lawn and driveway care maintenance. These issues were not noted in the Tenant's original application. The Tenancy ended February 28, 2023 - more than one year prior to the filing of the amended application. As the Tenant failed to establish the Tenant's applications were brought within one year of the alleged thermostat, hot water tank, lawn/driveway care maintenance as required under section 29(2) of the Act, I find these allegations are statute barred and as a result, are dismissed.

Arguments and Actions