Tekin v Sawera Property Managment - Tenants Win Rent Reduction Case
Tenants awarded $1853 rent rebate after landlord discontinued garage parking in Scarborough rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
22 Rossander Court, Scarborough, ON M1J2B7
Decision in favor of
tenant
Balance Owed to Tenants
$1,853
Dispute Categories
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Timeline
Hearing Date
Jan 2024
Order Date
Feb 28, 2024
Dispute Summary
Tenants applied for a rent reduction due to a reduction or discontinuance of garage parking, a service or facility provided with the rental unit.
Determinations
- Landlord's late evidence given little weight
- Tenants' evidence from T2 application considered
- T3 and T2 applications combined
- Garage parking is a service or facility under the Act
- Garage parking was temporarily unavailable starting November 1, 2022
- Discontinuance was not reasonable
- Rent reduced to $2400 from November 1, 2022 to April 30, 2023
Arguments and Actions
Landlord
Arguments
Landlord argued that a rent reduction of $50 per month for 3 months would be appropriate, as this represents a fair price for a parking spot in the local market.
Actions
Landlord offered to provide a carport or reduce rent by $50 per month to compensate for the loss of garage parking, but the Tenants declined these offers.
Tenant
Arguments
Tenants argued that the reduction in parking was not reasonable and that they had selected the rental unit due to the garage parking. They sought a rent reduction of $300 per month for the 6 month period.
Actions
Tenants were unable to access the garage parking starting November 1, 2022 due to a vehicle belonging to the downstairs tenant blocking the entrance. The garage parking was restored in April 2023 after the landlord constructed a driveway extension.
Decision Summary
Landlord must pay Tenants $1,853, including a rent rebate of $1,800 for the period of November 1, 2022 to April 30, 2023 when garage parking was unavailable, and the application filing fee of $53.
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Lawful Rent
$2,700
Application Fee
$53
Total Owing
$1,853 (Owed to Tenants)
Source
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