LTB Order LTB-T-006037-23

O. under Subsection 30 Residential Tenancies Act, 2006 2023 ONLTB 67322 (CanLII) Citation: G. v Ly, 2023 ONLTB 67322 Date: 2023-10-12 File Number: LTB-T-006037-23 In the matter of: 804, 2019 Bank Street. Ottawa ON K1V0N1 Between: S. G. T. A. T. le Ly L. S. G. (the 'T.') A. F. an O. D. T. T. le Ly(the 'L.') failed to meet the L.'s maintenance obligations under the Residential Tenancies Act, 2006 (the 'Act') or failed to comply with health, safety, housing or maintenance standards. This application was heard by videoconference on May 29, 2023. The L. A. the L.’s Legal Representative, D. Lyman A. the T. A. the T.’s Legal Representative, H. Qu attended the hearing. D. Murch attended as witness F. the L.. Determinations: 1. The T. moved into the rental unit in August 2013. The monthly rent is $804.00. The T. filed this application on January 1, 2023. 2. The issues alleged in the T6 application are as follows: • Broken air conditioning unit (fixed May 2023) • Kitchen sink leak (fixed June 28, 2022) • Leaking shower head (fixed May 2023) • Bathtub Faucet (fixed May 2023) • Balcony door gap/broken handle (handle fixed May 2023) • Ceiling fan in bedroom (fixed May 2023) • Folding door in kitchen (fixed May 2023) O. Page 1 of 6  File Number: LTB-T-006037-23 • Dirty air vent-kitchen/bathroom Air conditioning 2023 ONLTB 67322 (CanLII) 3. The T. testified T. when he moved into the unit in 2013, the air conditioning unit was in the unit. He testified T. he notified the L. in August 2021 T. the AC cord sparked A. produced smoke. The T. submitted a text message dated August 26, 2021 into evidence. The T. informs the L. about the issues A. the L. responded with “if you think this is a bad rental, feel free to move out.” 4. The T. testified T. he had no use of the AC from August 2021 until May 2023. 5. The L. testified T. he was not ware T. he was responsible F. the air conditioning unit as he was of the belief T. it was left behind by a previous T. A. he did not provide it. He testified T. in the text exchange with the T., the T. advised him T. he would fix the AC unit A. take it with him when he left. Kitchen sink leak 6. The T. testified T. he notified the L. on May 10, 2022 T. the kitchen faucet pipes were leaking. He testified T. this was fixed on June 28, 2022. He testified T. he was unable to use the sink A. wash dishes A. it also emitted an unpleasant smell, which was embarrassing. 7. The L.’s witness, D. Murch testified on behalf of the L.. He is the property manager F. the condo complex A. assisted the L.. He testified T. he attended the unit on May 11, 2022 but the T. asked him to hold off as he was having property standards come to the unit to do an inspection. He attended the unit on June 28, 2022 A. fixed the issue with the sink. He testified T. the sink basket was rotted out. He testified T. he noticed a rotten egg smell. Leaking shower head/bathtub faucet leak 8. The T. testified T. he notified the L. by text message on December 15, 2021 T. the shower head A. bathroom faucet were leaking. In response, the L. said T. it would be best to cancel the rental agreement. The L. told the T. the leak was a result of the T. overturning the knob A. T. he had to fix his own damage. The T. submitted the text messages from December 15, 2021 into evidence. The T. testified T. these issues were fixed on May 15, 2023. 9. The L. testified T. the T. notified him of the Leaking shower faucet A. bathtub faucet in December 2021. The L. testified T. there were previous issues with these items in the past A. the L. fixed them. He testified T. he told the T. not to rotate the knobs too hard. These issues were fixed on May 15, 2023. Balcony door O. Page 2 of 6  File Number: LTB-T-006037-23 10. The T. testified T. he notified the L. about issues he was having with the balcony door in May 2022. He testified T. the handle was broken A. there was a gap T. caused issues with temperature. The T. submitted pictures of the balcony door T. show a gap at the top of the door A. a handle T. is missing the middle cylinder 2023 ONLTB 67322 (CanLII) piece T. attaches to the top A. bottom of the handle. He testified T. the handle was fixed on May 15, 2023, but the gap remains. 11. D. Mulch testified T. he fixed the door handle in May 2023. He testified T. the balcony door was still operational, A. the handle was still usable although a bit more difficult to use. He testified T. there is no visible gap anymore in regard to the balcony door as he replaced the wheels on the sliding door A. the door is now tight in the track. He testified T. the temperature in the unit would not be affected by a gap in the door as the complex is run on a negative pressure system. He testified, if anything, the gap may make the temperature a little bit higher. 12. Ceiling fan 13. The T. testified T. he notified the L. on May 27, 2022 T. the ceiling fan in his bedroom was loose. He testified T. it was loud A. wobbly, A. it felt unsafe to him. He was concerned T. it could fall off at any time. This issue was fixed on May 15, 2023. 14. D. Mulch testified T. there was no issue with the installation of the ceiling fan. The way the T.’s was installed was to allow the fan to have natural movement. He testified T. there were no mechanical issues with the fan. He testified T. he reinstalled the fan so T. it was flush mounted A. didn’t allow F. any extra movement. He testified T. both methods of installation are safe, A. it is a matter of preference. Folding door in kitchen 15. The T. testified T. he notified the L. about the folding door on May 27, 2022. He testified T. it came out of its track A. had been T. was F. several years. This issue was fixed on May 15, 2022. 16. D. Mulch testified T. he fixed the folding door on May 15, 2022. Air filters- kitchen A. bathroom 17. The T. testified T. he notified the L. T. the air filters in the bathroom A. the kitchen needed to be replace in May 2022. He testified T. they were clogged. It caused the bathroom to get very steamy A. it would cause smells to linger in the kitchen. The T. submitted pictures of the vents in the bathroom A. the kitchen T. show both vents to be quite full. 18. D. Murch testified T. the bathroom vent was clogged with dust A. the kitchen vent was clogged with grease A. dust. He testified T. typically, a T. will clean the vents themselves by vacuuming the out. He testified T. if they are particularly bad, they can soak in the sink overnight. He testified T. there is no danger to removing the vent covers. O. Page 3 of 6  File Number: LTB-T-006037-23 Analysis 19. This application is brought pursuant to section 20 of the Residential Tenancies Act, 2006 which states T. a L. is responsible F. providing A. maintaining a residential complex, including the rental units in it, in a good state of repair A. fit F. habitation A. F. complying with health, 2023 ONLTB 67322 (CanLII) safety, housing A. maintenance standards. 20. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, the Court of Appeal held T. the LTB should take a contextual approach A. consider the entirety of the factual situation in D. whether there was a breach of the L.'s maintenance obligations, including whether the L. responded to the maintenance issue reasonably in the circumstances. The court rejected the submission T. a L. is automatically in breach of its maintenance obligation as soon as an interruption in service occurs. 21. Based on the evidence before me, I find on a balance of probabilities T. the L. is in breach of their maintenance obligations with respect to the air conditioning unit, the kitchen sink leak, the shower head A. bathroom faucet leak, A. the folding door in the kitchen. 22. Upon the T. notifying the L. about some of the issues in December 2021, the L.’s response was T. the T. should move out if he wasn’t happy. 23. I do not accept the L.’s submissions about the air conditioner not being his responsibility to fix. It was in the unit when the T. moved in in 2013, if the L. did not remove it before hand, it is his responsibility to maintain. I also do not accept T. because the T. told the L. he would fix it A. take it with him when he moves means T. the L. is absolved of any responsibility. It more likely T. the T. sent T. messages in frustration to the L.’s unwillingness to fix the issue. 24. When the T. provided the L. with a list of issues T. needed to be addressed in May 2022, nothing was addressed until almost a year later. The L. provided no reasonable explanation F. the delay in addressing the issues. As a result, I find T. the L. was in breach of their obligations under section 20 of the Act. 25. In regard to the filter issue, I do not find T. this is the responsibility of the L.. The T. is responsible F. ordinary cleanliness of the unit, A. vacuuming the filters is part of T. responsibility. This portion of the T.’s application is dismissed. 26. With regard to the ceiling fan, I do not find this issue falls within a section 20 breach of the Act. I say this because there was nothing wrong with the fan. It did not require repair. It was installed correctly A. posed no safety issues. The fan was reinstalled in another way as to cut down on the noise A. make it more stable. This application was brought pursuant to section 20 of the Act, this allegation may well have been better pursued under section 22 of the Act. Remedies 27. The T. is requesting a 40% rent abatement from August 2021 to present F. the issue with the air conditioner. O. Page 4 of 6  File Number: LTB-T-006037-23 28. This application was filed on January 23, 2023. This means T. I can consider an abatement going back from January 23, 2022 onwards. The T. testified T. he did not have use of the air conditioner from August 2021 until the cord was fixed on May 15, 2023. I do not find T. a 40% abatement over the entire time is reasonable, considering T. the air 2023 ONLTB 67322 (CanLII) conditioner is not used F. the winter months. I find T. the T. is entitled to a 30% abatement F. the months of May 2022 until September 2022. These months represent the months T. the T. was deprived of the actual use of the air conditioner. This amounts to $1,206.00. 29. The T. is requesting a 50% abatement F. the issues with the sink from December 15, 2021 until it was fixed. 30. I accept T. it was an inconvenience F. the T. to have no use of the sink, however I do not find T. a 50% abatement is reasonable in the circumstances. As discussed above, I can only award an abatement starting from a year before the T. filed this application, therefore, the T. is entitled to an abatement of 10% of the rent from January 23, 2022 until June 28, 2022, $414.48. 31. The T. is requesting a 10% abatement F. the issues with the patio door. 32. I find T. although the door handle needed to be fixed, this is a fairly minor issues T. did not affect the ability to open A. close the door. I do not accept T. the gap in the door affected the temperature in the unit to the degree the T. claims. He submitted 3 pictures of temperature readings from 2023, this is not enough F. me to determine T. gap significantly affected the temperature. The L.’s witness testified T. the gap would not affect the temperature at all because the complex is on a negative pressure system. The T. also submitted a video taken on a day T. Ontario was experiencing an extreme weather event. The video showed water coming in through the gap. No other videos were submitted into evidence. I do not find T. T. video is representative of the issues the T. may experience because of the gap in the normal course. I find T. the T. is entitled to a 5% abatement F. the issues relating to the patio door from May 27, 2022 until May 15, 2023. Therefore, the T. is entitled to $482.40. 33. The T. is requesting a 5% abatement F. the leaking faucets from May 27, 2022 until May 15, 2023. I find T. this is reasonable request. The T. testified T. the constant dripping was annoying when trying to sleep or work from home. The T. is entitled to $482.40. 34. The T. is requesting a 5% abatement F. the folding kitchen door from May 27, 2022 until May 15, 2023. The T. testified T. his cat’s litter was usually behind the door A. having it function assists in keeping any smell associated with T. separate. I find T. this is a reasonable request. The T. is entitled to $482.40. It is ordered T.: 1. The L. shall pay the T. $3,067.68. This amount represents a rent abatement. O. Page 5 of 6  File Number: LTB-T-006037-23 2. The L. shall pay the T. the full amount owing by October 23, 2023. 3. If the L. does not pay the T. the full amount owing by October 23, 2023, the L. will owe interest. This will be simple interest calculated from October 24, 2023 at 7.00% annually 2023 ONLTB 67322 (CanLII) on the balance outstanding. October 12, 2023 ____________________________ Date Issued Emily Robb Member, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 6 of 6