Willems v Pattyn - LTB Ruling on Substantial Interference Claim
Tenants awarded $113 for landlord's interference with reasonable enjoyment due to bathroom flooding issues
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2 Second St, London, ON N5V2B6
Dispute resolved in
agreement
Balance Owed to Tenants
$113
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Feb 2022
Hearing Date
Jun 2023
Order Date
Nov 27, 2023
Dispute Summary
The Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with the Tenants. The issues raised included falling tree branches, flooding in the bathroom, noise from the upper-level unit, lack of heat in the unit, and removal of the fence and gate to the backyard.
Determinations
- Tenants partially proved allegations
- Landlord must pay Tenants $113.00 inclusive of costs
- Tenants moved in on 2021-04-28, moved out on 2022-06-30
- Tenants amended application to increase rent abatement to $10,400.00
Case Study
The Landlord did not breach the obligation to provide vital services, as the evidence showed the issues were related to the conduct of the other tenant, not the Landlord withholding services. The Landlord's responses to the noise and heat issues were reasonable attempts to address the concerns. The Landlord's conduct did not rise to the level of harassment. However, the Landlord was found to have interfered with the Tenants' reasonable enjoyment due to the flooding issues in the bathroom.
Arguments and Actions
Landlord
Actions
Landlord admitted to using a derogatory term toward one of the Tenants out of frustration.
Tenant
Actions
Tenants experienced flooding in the bathroom on September 22, 2021 and October 3, 2021, and had to clean up the water with towels.
Decision Summary
The Tenants partially proved the allegations in their application. The Landlord must pay the Tenants $113.00, which includes $65.00 for a rent abatement due to flooding issues and $48.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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Financial Details
Application Fee
$48
Total Owing
$113 (Owed to Tenants)
Source
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