Water Bill Dispute: Sivapragasam v Robinson 2024 ONLTB Case
Tenant ordered to pay $4456 in water charges through payment plan while maintenance issues to be addressed separately
Summarized by RentZenLast updated: November 13, 2024
Case Summary
806 Henry St, Whitby, ON L1N5E3
Dispute resolved in
agreement
Balance Owed to Landlord
$4,457
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Sep 2024
Order Date
Oct 31, 2024
Dispute Summary
Landlords applied for eviction due to Tenant's failure to pay water charges and substantial interference. Tenant disputed the amount of water charges, claiming leaks in toilet and hot tub contributed to high bills. Landlords sought payment of $4,270.61 in unpaid water charges.
Determinations
- Tenant responsible for water charges under lease
- Tenant failed to void N5 notice by paying charges
- Maintenance issues to be addressed in separate applications
- Relief from eviction granted with payment conditions
Case Study
The Board found that while the Tenant was responsible for water charges under the lease, maintenance issues regarding leaks would be addressed in separate T2/T6 applications. The Tenant's continued use of leaking hot tub while being responsible for water charges contributed to high bills.
Arguments and Actions
Landlord
Arguments
Non-payment of water charges substantially interfered with landlord's rights
Actions
Made payment arrangements with city for unpaid water charges
Tenant
Arguments
Disputed amount of water charges due to maintenance issues with toilet and hot tub leaks
Actions
Tenant continued to use and refill leaking hot tub despite knowing they were responsible for water charges
Aggravating Factors
Continued to fill leaking hot tub despite being responsible for water charges
Decision Summary
The Board ordered the tenancy to continue subject to payment conditions. Tenant must pay $4,456.61 in monthly installments of $557.07 from November 2024 to May 2025, with final payment of $557.12 in June 2025. Failure to make payments allows Landlords to apply for eviction without notice.
Reason for Eviction Relief
Tenant acknowledged responsibility for charges and has family members living in unit
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Application Fee
$186
Other Owed Amount
$4,271
unpaid water charges
Total Owing
$4,457 (Owed to Landlord)
Source
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