Rodgers v Peacock - LTB Ruling on Maintenance and Interference
Landlord partially liable for maintenance issues, but not for substantial interference claims, in Barrie rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
58 Queen St, Barrie, ON L4M1Z3
Decision in favor of
landlord
Balance Owed to Tenants
$148
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Tenancy End Date
Apr 2022
Hearing Date
Jan 2024
Order Date
Feb 23, 2024
Dispute Summary
Tenants filed applications alleging the Landlord failed to meet maintenance obligations and substantially interfered with their reasonable enjoyment of the rental unit. The Landlord claimed the Tenants were evicted on December 31, 2021 and were squatting, but the Tenants testified they vacated in July 2022. The Board found the Landlord partially failed to meet maintenance obligations but did not substantially interfere with the Tenants' enjoyment.
Determinations
- Landlord failed to meet maintenance obligations in part
- Landlord did not substantially interfere with Tenants' enjoyment
- Tenancy terminated as of April 11, 2022
- Tenants considered over-holding after April 11, 2022
Arguments and Actions
Landlord
Actions
Landlord claimed Tenants were evicted on December 31, 2021 and were squatting.
Tenant
Actions
Tenants vacated the rental unit in July 2022.
Decision Summary
The Landlord partially failed to meet maintenance obligations regarding the stove and downspouts, and was ordered to pay the Tenants $148. The Tenants' claim of substantial interference was dismissed.
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$48
Total Owing
$148 (Owed to Tenants)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.