Tenant Wins Maintenance Case: Ng v Medallion Corporation 2024
Brampton tenant awarded $11872 rent abatement after landlord failed to fix leaking windows in timely manner
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 68 Bramalea Rd, Brampton, ON L6T0H2
Decision in favor of
tenant
Balance Owed to Tenant
$11,872
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Aug 2024
Order Date
Aug 26, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The issues were the floor to ceiling windows in the two bedrooms and living room of the rental unit were leaking water when it rained, and the Landlord did not act in a reasonable manner to rectify the problem in a timely way.
Determinations
- Tenant proved the windows were leaking and Landlord did not act reasonably to rectify the issue
- Landlord must pay rent abatement to Tenant and complete the repairs
- Landlord failed to meet obligations under s.20(1) of the Act to repair or maintain the rental unit
Arguments and Actions
Landlord
Arguments
This is a case about latent defects, so Landlord's liability is limited to when the defect was discovered in June 2022.
Actions
Landlord only provided temporary/band-aid solutions like re-caulking the windows, rather than addressing the root cause. Landlord was slow to respond and take meaningful action to fix the issue.
Tenant
Actions
Tenant had to use towels to mop up water from leaking windows, which affected her reasonable enjoyment of the unit. Tenant was pregnant at the time, adding to her stress.
Decision Summary
The Landlord must pay the Tenant a rent abatement of $11,872.32 for the period from August 2021 to February 2024 due to the Landlord's failure to timely address the leaking windows issue. The Landlord must also hire qualified professionals to inspect for mould and replace affected building materials by October 30, 2024. If the Landlord fails to complete the repairs, the Tenant is authorized to arrange the work and deduct the cost from rent.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Application Fee
$48
Total Owing
$11,872 (Owed to Tenant)
Source
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