Lovrekovic v Berdeklis

Landlord wins · Kitchener · 2025-04-08

Adjudicator

Karen Gonçalves

Dispute

Tenant Rights

Landlord

X.B.

Tenant

B.L.

Landlord rep

Tony Berdeklis, Kevin Meally, Sandra Foe

What happened

The Tenant filed an application claiming the Landlord withheld vital services. The allegations were that the water was turned off 70 minutes earlier than scheduled for a repair, and that a broken bathtub faucet was not fixed promptly, leaving the Tenant without a bath or shower for two days. The Tenant's application was ultimately dismissed.

The ruling

The Tenant's application is dismissed. The Board found that the Landlord did not deliberately withhold or interfere with a vital service. The early water shut-off for repairs was unforeseeable, and the broken faucet was a maintenance issue, not a deliberate act covered by Section 21 of the Residential Tenancies Act, 2006.