Anand v Saunders

Split/Other wins · Kitchener · 2025-03-20

Adjudicator

Kelly Delaney

Dispute

Breach of Conditions, Maintenance, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.A., R.A.

Tenant

M.S.S., S.L.S.

Landlord rep

Abraar Unia

What happened

The Landlords filed an L1 application for eviction due to non-payment of rent, with arrears amounting to $34,200. The Tenants filed cross-applications (T2, T3, T6) alleging substantial interference, loss of services, and multiple maintenance failures, including pests, running toilets, a noxious smell, a leaking pool, an unsafe pool deck, and the loss of a bedroom that did not meet safety standards. The Tenants sought a significant rent abatement and other remedies.

The ruling

The tenancy is terminated unless the Tenants pay the Landlords $33,056.00 by March 31, 2025. The Tenants were granted a rent abatement of $1,330.00 and a prospective 5% rent reduction due to the Landlord's failure to maintain the pool deck and the loss of use of a bedroom. If the order is not voided, the Tenants must vacate by March 31, 2025, and pay the Landlords $25,448.64, plus daily compensation for any overholding period. Relief from eviction was denied.