Medhurst v Gerrard

Tenant wins · Hamilton · 2023-12-18

Adjudicator

Fabio Quattrociocchi

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

Bold Street Apartments

Tenant

A.M.

Landlord rep

Brandy Gerrard

What happened

Tenant applied for an order determining that the Landlord and Landlord's Agent substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and failed to meet the Landlord's maintenance obligations under the Act.

The ruling

The Landlord breached the Act by not providing a working stove, entitling the Tenant to a $62.50 rent abatement for August 2021 and reimbursement of $2,650 for last month's rent deposit and pre-paid rent/parking. The Landlord is not responsible for the Tenant's pest control expenses, as the Tenant did not notify the Landlord. The tenancy is terminated effective August 31, 2021.