Scoular v Homestead Land Holdings Limited - LTB Ruling on Maintenance Dispute
Tenant awarded $964 rent rebate after landlord failed to timely address water leak and repair damages in Kitchener rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 57 Queen Street North, Kitchener, ON N2H6T7
Decision in favor of
tenant
Balance Owed to Tenant
$964
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
May 2024
Order Date
Jun 21, 2024
Dispute Summary
Tenant applied for an order determining that Landlord failed to meet maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The dispute was regarding a significant leak into the Tenant's unit from the HVAC system in the unit above.
Determinations
- Tenant returned home to find large leak in ceiling on May 27, 2023
- Landlord's on-call person attended and identified leak from unit above
- Photos showed water damage in multiple areas of Tenant's ceiling and walls
- Tenant repeatedly called Landlord's office to get repairs done
- Landlord's Property Manager visited on June 16, 2023 and confirmed HVAC leak in unit above
- Landlord arranged repair of HVAC system in unit above on June 20, 2023
- Landlord failed to schedule repairs to Tenant's unit in a timely manner
- Tenant gave 60 days notice to terminate tenancy and vacated on August 31, 2023
- Tenant's son's asthma stopped after vacating the unit
Decision Summary
The Landlord failed to respond in a timely manner to address the source of the leak and effect necessary repairs to the Tenant's unit. The Tenant is entitled to a 25% rent rebate for the period from July 1, 2023 to August 31, 2023, when she vacated the unit.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,928
Application Fee
$53
Total Owing
$964 (Owed to Tenant)
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.