Tenants Win Maintenance Dispute: Vandyken v Simcoe 2020 joint venture ltd
Tenants awarded 50% rent abatement and return of last month's rent deposit after landlord fails to address maintenance issues in Innisfil rental property
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2087 St. John's Road, Innisfil, ON L9S1Y3
Decision in favor of
tenant
Previous Order
Upheld
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Jan 2022
Tenancy End Date
Feb 2022
Hearing Date
Jun 2024
Order Date
Sep 25, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The application was resolved by order LTB-T-001366-22 issued on July 31, 2024. The Landlord requested a review of the order.
Determinations
- Landlord's response to maintenance issues was inadequate
- Tenants did not contribute to mold issue by not following up with Landlord
- Tenants' pets did not cause mold issue
- 50% rent abatement was appropriate remedy
- Landlord required to return last month's rent deposit
Case Study
The Landlord's request for review was based on alleged serious errors, including that the hearing member erred in finding the Landlord did not reasonably respond to the Tenants' complaints, failed to consider the Tenants' responsibility for the mold, and erred in awarding the remedies. The review found that the hearing member's determinations were reasonable and supported by the evidence, and there was no serious error in the order or the proceedings.
Decision Summary
The Landlord's request for review was denied. The original order LTB-T-001366-22 issued on July 31, 2024 is confirmed and remains unchanged. The Landlord's response to the Tenants' maintenance complaints was found to be inadequate, and the Tenants were entitled to a 50% rent abatement and the return of their last month's rent deposit.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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