Evictly

vandamme v starlight canadian residential growth fund

Landlord wins · St Catharines · 2025-07-02

Adjudicator
Panagiotis Peter Roupas
Dispute
Maintenance, Tenant Rights
Landlord
S.C.R.G.F.
Tenant
K.V., L.S.
Landlord rep
Michelle Forrester

What happened

The Tenants applied for a rent abatement and compensation, alleging the Landlord failed to maintain the plumbing in the rental unit and substantially interfered with their enjoyment. The Tenants claimed a bathroom leak persisted for seven months, while the Landlord argued they were not notified of any ongoing issues between an initial repair in November 2023 and a subsequent request in May 2024.

The ruling

The Tenants' application (T2 and T6) was dismissed. The Board found the Tenants failed to prove that the Landlord breached its maintenance obligations or substantially interfered with their reasonable enjoyment. The evidence showed the Landlord responded promptly when notified of plumbing issues, and the Tenants failed to report any recurring problems for a period of seven months.