Farram v Homestead Land Holdings Limited

Landlord wins · Ottawa · 2025-10-02

Adjudicator

Paula West Oreskovich

Dispute

Maintenance, Tenant Rights

Notice

Tenant rights (T2), Maintenance (T6)

Landlord

Homestead Land Holdings Limited

Tenant

M.F., L.G.

Landlord rep

Megan O’Connor, Shayne MacKenzie

What happened

Tenants applied for an order regarding maintenance obligations and substantial interference with reasonable enjoyment. The Tenants alleged that mould and water entry issues starting in October 2019 were not properly addressed. The Landlord raised a preliminary issue arguing that the application was filed past the one-year limitation period because the issues were resolved by August 2021, whereas the application was filed in September 2022.

The ruling

The Tenants' application was dismissed because it was not filed within the mandatory one-year limitation period. The Board found the issues were resolved in August 2021, making the September 2022 filing date late.