Miller v Cline - Tenants Win Rent Reduction Case
Tenants awarded $832 rent rebate after LTB finds landlord discontinued internet service and reduced backyard access
Summarized by RentZenLast updated: November 3, 2024
Case Summary
491 Russell Street, Haileybury, ON P0J1K0
Decision in favor of
tenant
Balance Owed to Tenants
$832
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
Feb 2024
Order Date
Feb 20, 2024
Dispute Summary
Tenants applied for a rent reduction due to discontinuation of internet service, reduction in furnishings, and reduction in backyard/storage space. The Landlords argued that internet was not part of the tenancy agreement, and the reduction in backyard was not a discontinuance of service.
Determinations
- Tenants proved internet was part of tenancy agreement
- Landlords must pay $253.45 for internet discontinuation
- Reduction in backyard is a reduction in facilities, Landlords must pay $525 rent rebate
- Reduction in furnishings claim dismissed due to limitation period
Arguments and Actions
Landlord
Arguments
Landlord argued that internet service was not part of the tenancy agreement and that the reduction in backyard was not a discontinuance of service.
Actions
Landlord fenced off 1/3 of the backyard around October 14, 2022.
Tenant
Actions
Tenants vacated the rental unit on June 1, 2023.
Decision Summary
Landlords must pay Tenants $831.54, which includes $253.45 for internet discontinuation and $525 for reduction in backyard facilities. Tenants' claim for reduction in furnishings was dismissed due to limitation period.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Application Fee
$53
Total Owing
$832 (Owed to Tenants)
Source
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