Vines v Brannigan

Tenant wins · Kingston · 2025-10-27

Adjudicator

Jane Dean

Dispute

Maintenance, Substantial Interference

Amount

$5-10K

Landlord

4064283 Canada Inc., M.B., H.B., V.B.

Tenant

K.V., R.V.

Landlord rep

Mihai Panescu, Marsha King

Tenant rep

Dakota A.L. Kelly

What happened

Tenants filed a T2 application alleging that the Landlords substantially interfered with their reasonable enjoyment and harassed them due to ongoing septic system failures, sewage floods, mold issues, and lack of maintenance for the chimney and electrical outlets. The septic system issues resulted in raw sewage backing up into the home and pooling in the backyard, creating a bio-hazardous environment. The Landlord failed to address these issues effectively until a municipal enforcement officer intervened.

The ruling

The Landlords are ordered to pay the Tenants a total of $7,129.12. This includes a rent abatement of $6,685.62 for the loss of enjoyment due to septic failures, $395.50 for out-of-pocket expenses for chimney maintenance, and the $48.00 application fee. If not paid by October 31, 2025, the Tenants are authorized to recover the amount by deducting it from future rent payments starting February 2026.