Chehak v Yoon

Landlord wins · North York · 2025-08-08

Adjudicator

Nicole Pedron

Dispute

Reduction In Services

Landlord

J.S.Y., H.K.

Tenant

C.C., Y.K.

Landlord rep

Grace Yun

What happened

The Tenants applied for a reduction in rent (T3 application) claiming a loss of services and facilities including access to a balcony, underground parking, and building amenities. The Landlords argued that the building was undergoing renovations by the condominium corporation which were known to the Tenants at the time of move-in. The Landlords further contended that the lease specified the unit was accepted in 'as is' condition and that reasonable parking alternatives were provided.

The ruling

The Tenants' application for a rent reduction was dismissed. The Board found that the loss of balcony access did not constitute a reduction in service because it was never part of the agreement. The temporary loss of underground parking was mitigated by the provision of alternative parking permits, and the claim for building amenities was unsupported by specific evidence.