Phillips v Boardwalk Rental Communities

Tenant wins · London · 2021-11-18

Adjudicator

Steven Mastoras

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

B.R.C.

Tenant

R.P., C.G.

Landlord rep

Patty Duwyn

Tenant rep

Susana Pereira

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006. The issues were ongoing pest infestations in the rental unit that the Landlord was unable to resolve despite numerous treatments over a 12-month period.

The ruling

The Landlord is ordered to pay the Tenants $97.45 for out-of-pocket expenses and a rent abatement of $1,117.98 for the period of September 2019 to August 2020 due to the Landlord's failure to successfully resolve the ongoing pest infestations. The Landlord must use alternative pest control methods if further infestations occur.