Landlord Wins Maintenance Dispute: Whittaker v Aleem 2024
Landlord not liable for maintenance issues in Oakville rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
3259 Raspberry Bush Trail, Oakville, ON L6L6V6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Application Date
Oct 2020
Hearing Date
Aug 2024
Order Date
Aug 30, 2024
Dispute Summary
Tenants applied for orders related to the Landlords' failure to meet maintenance obligations and substantial interference with their reasonable enjoyment of the rental unit. The Landlords were represented by counsel, and the Tenants represented themselves.
Determinations
- Landlord served valid N5 and N13 Notices
- Tenants vacated the rental unit on May 10, 2021
- Landlord responded promptly to issues with water heater and oven
- Insufficient evidence to show stairs substantially interfered with reasonable enjoyment
Arguments and Actions
Landlord
Actions
Landlord attempted to schedule repairs for stairs and oven, but was delayed due to COVID-19
Tenant
Actions
Tenants removed flooring from stairs, expressed concerns about COVID-19 protocols for contractors
Decision Summary
The Tenants' T2 and T6 applications are dismissed. The evidence did not support the Tenants' claims regarding the stairs, water heater, or oven. The Landlords responded reasonably to the maintenance issues reported.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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