Tenants Win Maintenance Dispute Against Landlord: Squires v Cerpreit
Tenants awarded $2806 against landlord for failing to address maintenance issues at London rental property
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 501 Wilkins, London, ON N6C5G2
Decision in favor of
tenant
Balance Owed to Tenants
$2,806
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Mar 2023
Order Date
Oct 26, 2023
Dispute Summary
Tenants filed a T6 application alleging the Landlord breached section 20(1) of the Residential Tenancies Act with respect to issues with the main parking garage door, external access doors, and smoking in the building. The Tenants allege these issues caused significant health and safety concerns, as well as damage to their vehicle.
Determinations
- Landlord failed to maintain garage door and exterior doors in a timely manner
- Landlord failed to address smoking issues in public spaces
- Tenants entitled to rent abatement and costs
Case Study
The Landlord failed to meet its obligations under section 20(1) of the Act to maintain the residential complex in a good state of repair. The Landlord did not complete repairs to the garage door and exterior doors in a timely manner, which led to security issues and safety concerns for the Tenants.
Arguments and Actions
Landlord
Actions
Landlord acknowledged the problems and stated there was poor communication on their part, and that they 'dropped the ball' with respect to the security issues.
Tenant
Actions
Tenants notified Landlord multiple times about issues with garage door and exterior doors, but Landlord failed to address them in a timely manner. Tenants also complained about smoking in public spaces.
Decision Summary
The Landlord must pay the Tenants $2,806.20 for rent abatement and costs related to the maintenance issues. The Landlord has until November 6, 2023 to pay the full amount, after which interest will accrue.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,444
Application Fee
$45
Damages
$379
Other Owed Amount
$2,383
Rent abatement
Total Owing
$2,806 (Owed to Tenants)
Source
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