Landlord Ordered to Restore Utilities in Rahman v Leginj LTB Case: Rahman v Leginj 2024
LTB rules against landlord in Keswick rental dispute, finding serious breach for shutting off gas and electricity
Summarized by RentZenLast updated: November 3, 2024
Case Summary
300 Metro Road North, Keswick, ON L4P3C8
Decision in favor of
tenant
Balance Owed to Landlord
$10,000
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 3, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,650 due on 1st of each month
- Tenant paid $3,300 since application filed
- Rent arrears owing to June 30, 2024 are $11,550
- Landlord incurred $186 application filing costs
Arguments and Actions
Landlord
Arguments
Tenant failed to disclose section 82 issues in advance as required.
Actions
Landlord failed to pay Enbridge gas and Hydro One bills, leading to shutoff of services. Landlord offered to transfer utility bills to Tenant's name or have Tenant purchase a propane tank.
Tenant
Arguments
Landlord breached sections 21 and 22 of the Act by withholding vital services.
Actions
Tenant has been without hot water since May 20, 2024 and without electricity since June 13, 2024 due to Landlord's failure to pay utility bills.
Procedural Errors
Tenant failed to disclose section 82 issues in advance as required.
Decision Summary
The Landlord's application to evict the Tenant for non-payment of rent is refused. The Landlord is in serious breach of the Act for failing to restore gas and electricity to the rental unit. The Tenant is entitled to rent abatement of $1,736 and reimbursement of $660.64 for out-of-pocket expenses. The Landlord is ordered to restore utilities and pay an administrative fine of $1,000.
Reason for Eviction Relief
Landlord in serious breach of obligations under the Act
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Lawful Rent
$1,650
Rent Arrears
$11,550
Application Fee
$186
Rent Deposit
$1,650
Deposit Interest
$118
Administrative Fine Payable to LTB
$1,000
Total Owing
$10,000 (Owed to Landlord)
Fine Payable By: Landlord
Source
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