Tenant Wins Maintenance Dispute: Webber v Syed 2024
Tenant awarded $2193 rent rebate after landlord fails to fix leaking roof in Clarington rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
82 King Street West, Clarington, ON L1C1R4
Decision in favor of
tenant
Balance Owed to Tenant
$2,242
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Jan 18, 2024
Dispute Summary
Tenant 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 rental unit had a leaking roof that the Landlord repeatedly failed to properly repair, resulting in damage to the tenant's bedroom.
Determinations
- Landlord failed to complete effective repairs to the roof in a timely manner
- Roof leaks caused damage to tenant's bedroom
- Tenant's bedroom was uninhabitable for 9.5 months
- Bedroom still in disrepair as of hearing date
Arguments and Actions
Landlord
Actions
Landlord repeatedly assured tenant that roof issues were fixed, but problems continued.
Tenant
Actions
Tenant contacted municipal law enforcement officer to complain about continued leaks and landlord's failed attempts to repair the roof.
Decision Summary
The Landlord failed to meet his obligations under the Residential Tenancies Act by not completing effective repairs to the leaking roof in a timely manner, resulting in the tenant's bedroom being uninhabitable for 9.5 months. The Landlord is ordered to pay the tenant a rent rebate of $2,193.63 and the application filing fee of $48.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$805
Application Fee
$48
Other Owed Amount
$2,194
Rent rebate for uninhabitable bedroom
Total Owing
$2,242 (Owed to Tenant)
Source
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