Chiabai v TOP POINT DEVELOPMENT INC.

Tenant wins · Kingston · 2025-07-31

Adjudicator

Douglas Malanka

Dispute

Maintenance, Substantial Interference

Notice

Tenant rights (T2), Maintenance (T6)

Amount

<$5K

Landlord

TOP POINT DEVELOPMENT INC.

Tenant

J.C.

What happened

Tenant applied for a rent abatement and damages due to a persistent ceiling leak above her bed that the Landlord failed to repair effectively for over 18 months. The leak caused water to drip onto the Tenant's face and bedding, forcing her to sleep at the foot of the bed and use buckets to catch water whenever upstairs neighbors showered.

The ruling

The Landlord is ordered to pay the Tenant $1,891.20 by August 4, 2025. This includes $1,795.20 as a 25% rent abatement for the period when the rental unit suffered from persistent water leaks and $96.00 for application filing fees. The Adjudicator found the Landlord's repair attempts were insufficient and resulted in significant interference with the Tenant's life and sleep.