Mackay v Greenaway

Split/Other wins · Windsor · 2025-05-13

Adjudicator

Jane Dean

Dispute

Maintenance, Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

N.M.

Tenant

T.G.

Landlord rep

Marc Hooper

What happened

The Landlord applied for eviction due to rent arrears. By the hearing date, the Tenant had paid most arrears, leaving a small balance of $79.28. The Tenant raised several Section 82 issues, including unpaid interest on her rent deposit, alleged harassment by the Landlord's representative (taking photos), leaking eavestroughs causing ice/puddles, and issues with lawn maintenance services. The LTB found the eavestroughs were in disrepair but denied an abatement as the Landlord was not properly notified; however, a repair order was issued. The harassment and lawn maintenance claims were dismissed, while the Landlord was ordered to pay interest on the deposit.

The ruling

The tenancy is terminated effective May 24, 2025, unless the Tenant pays $79.28 to the Landlord to void the order. The Landlord is ordered to arrange for eavestrough repairs by June 30, 2025. If the tenancy is terminated, the Landlord actually owes the Tenant a credit of $2,336.04 because the last month's rent deposit would be applied against a zero-arrear balance, plus interest.