T.M. v Mortgagee in Possession

Tenant wins · 2016-04-04

Dispute

Vital Services

Amount

<$5K

Landlord

M.I.P.

Tenant

T.

What happened

Tenant applied for an order determining that the Landlords or the Landlords' agent withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlords are obligated to supply under the tenancy agreement. The mortgage fell into default and the residential complex was foreclosed and taken over by a 7-person mortgagee in possession. The Tenant claimed interruptions to their electrical service, affecting the common areas and hot water service, began in August of 2015. The services were restored on October 7, 2015.

The ruling

The Landlords shall pay to the Tenant a rent rebate/abatement of $405.00, which represents 30:00% of the monthly rent for a one and a half month period. If the Landlords do not pay the Tenant the full amount owing by April 12, 2016, the Tenant may recover this amount by deducting the full amount from the rent that comes due.