Nuriyev v Spotted Properties

Landlord wins · Hamilton · 2025-07-04

Adjudicator

Mayra Sawicki

Dispute

Reduction Of Services

Landlord

Spotted Properties, S.C.

Tenant

A.N., F.A.

Landlord rep

M. Daly

What happened

The Tenants applied for a rent reduction (T3 application) alleging the Landlords discontinued parking services for three vehicles. The Tenants claimed a verbal agreement existed for parking use since their move-in in 2020. The Landlords contended that the written lease was silent on parking and that parking is only provided for an additional charge. The Landlords allowed the Tenants to use one parking spot as a compromise after the dispute arose in 2023.

The ruling

The Tenants' application for a rent reduction due to discontinued parking services was dismissed. The Board found that parking was not included in the original lease agreement and the Tenants failed to prove a subsequent verbal agreement with the Landlord. As parking was not a service provided under the tenancy, its restriction did not constitute a discontinuance of services under the Residential Tenancies Act.