Fox v Dadwal
Tenant wins · Westport · 2025-05-21
- Adjudicator
- Vladimir Nikitin
- Dispute
- Maintenance, Tenant Rights, Vital Services
- Notice
- Maintenance (T6), Tenant rights (T2)
- Amount
- <$5K
- Landlord
- K.D., A.D.
- Tenant
- R.F.
What happened
The Tenant filed applications alleging the Landlord failed in maintenance obligations (no water, septic, electrical, driveway issues) and interfered with his reasonable enjoyment. The Tenant had not paid rent, with arrears exceeding $35,000 from a previous order. The Adjudicator found the Landlord breached their duty by not providing water and failing to install wall plates, despite having concerns about the Tenant's own evidence and lack of urgency. The Landlord was ordered to restore water, install plates, pay a $3,000 fine to the LTB, and the Tenant was granted a rent abatement of $4,048 to be offset against his existing arrears.
The ruling
The Landlord is ordered to restore the water supply by May 31, 2025, and install proper electrical wall plates. The Tenant is awarded a rent abatement of $4,000 plus the $48 application fee, totaling $4,048, which shall be offset against his outstanding rent arrears. If the Landlord fails to restore the water, the Tenant is authorized to deduct 10% from future monthly rent until compliance. The Landlord must also pay a $3,000 administrative fine to the LTB for blatant disregard of the RTA.