Meredith v York - LTB Ruling on Landlord Maintenance Obligations
Tenants in Thorold partially win LTB case against landlord over maintenance issues and harassment allegations, awarded $463
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 64 Front Street South, Thorold, ON L2V4B3
Dispute resolved in
agreement
Balance Owed to Tenant
$463
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2022
Hearing Date
May 2024
Order Date
Jun 7, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord and Landlord's Agent substantially interfered with the reasonable enjoyment of the rental unit or residential complex, harassed, obstructed, coerced, threatened or interfered with the Tenants, and failed to meet the Landlord's maintenance obligations.
Determinations
- Tenants' T6 application brought under s.29(1) of the Residential Tenancies Act, 2006
- Tenants' T2 application brought under s.29(1) of the Act
- Tenants moved into rental unit in October 2018
- Tenant Michael Paul Meredith worked as a general maintenance worker for the Landlord until May 2020
- Monthly rent was $821.00
- Kitchen drain issues were resolved by end of March 2021
- Landlord acted reasonably until end of January 2021 in addressing kitchen drain issues
- Landlord's actions in February and March 2021 fell short, resulting in 25% rent abatement for those months
- Landlord acted timely in addressing balcony repair concerns
- Insufficient evidence to establish Landlord's breach regarding dryer vent fumes
- Insufficient evidence to establish Landlord's harassment through police visit and N5 notices
- Insufficient evidence to establish Landlord left garbage at Tenants' door as harassment
Arguments and Actions
Landlord
Actions
Landlord inspected neighboring units, checked the 'p' trap, and snaked building drains in response to kitchen drain issues. Landlord also produced an email from the Municipal Law Enforcement Officer stating no violation was found.
Tenant
Actions
Tenants notified Landlord of kitchen drain issues on December 7, 2020 and provided a work order. Tenants had to frequently scrub the sink due to soapy water backups.
Decision Summary
The Tenants' T6 and T2 applications were partially granted. The Landlord is ordered to pay the Tenants $463, which includes a $410 rent abatement and $53 for the cost of filing the application. The Landlord acted reasonably in addressing some maintenance issues, but fell short in resolving the kitchen drain issue in a timely manner.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$821
Application Fee
$53
Total Owing
$463 (Owed to Tenant)
Source
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