Mitchel v Goldmar Property Management LTD

Landlord wins · Windsor · 2025-10-03

Adjudicator

Sean Ramage

Dispute

Illegal Charge

Landlord

Goldmar Property Management LTD

Tenant

M.D.M., D.M.

Landlord rep

Justin Brodie Timms-Fryer

What happened

The Tenants applied for an order determining that the Landlord collected or retained money illegally. The dispute centered on whether the Tenants were responsible for natural gas heating costs under the terms of their lease. After living in the unit for over a year, the Tenants received a bill for $1,014.06 from the Landlord for Enbridge gas charges that had not been put in the Tenants' names. The Tenants paid the amount but argued the lease indicated gas was included in the rent.

The ruling

The Tenants' application was dismissed. The Board found that the Landlord did not collect an illegal charge. Under the terms of the tenancy agreement, the Tenants were responsible for the costs associated with heating the rental unit (gas). The $1,014.06 paid by the Tenants was a valid charge permitted by the agreement.