Beswick v Prendergast

Landlord wins · Whitby · 2022-01-05

Adjudicator

Sonia Anwar-Ali

Dispute

Maintenance

Landlord

S.P.

Tenant

J.B.

What happened

Tenant filed a T6 application alleging Landlord failed to maintain the driveway drainage system, resulting in flooding in March and April 2019. Landlord requested a review of the initial order, claiming Tenant did not receive notice of the hearing. The review was granted, but the Tenant's application was ultimately dismissed due to being filed outside the one-year limitation period.

The ruling

The Landlord's request to review the initial order was granted. The Tenant's T6 application was dismissed as it was filed outside the one-year limitation period specified in the Residential Tenancies Act, 2006. The alleged incidents occurred before September 9, 2019, which was beyond the allowable timeframe for filing the application.