LTB Order LTB-T-065640-22

Order under Section 30 A. 31 Residential Tenancies Act, 2006 2023 ONLTB 72144 (CanLII) Citation: N. v Bianchi, 2023 ONLTB 72144 Date: 2023-11-03 File Number: LTB-T-065640-22 In the matter of: 221 Foster Avenue Belleville Ontario K8N3R1 Tenant Between: C. N. A. Landlord Diego Bianchi C. N. (the 'Tenant') applied for an order determining that Diego Bianchi (the 'Landlord') substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household.; A., failed to meet the Landlord'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 July 17, 2023. The Landlord A. the Tenant attended the hearing. Determinations: 1. The Tenant filed a T6 A. T2 Application pursuant to s.29(1) Residential Tenancies Act, 2006 (the ‘Act’) on May 6, 2021. 2. Both applications are based upon the same set of facts. 3. The Tenant moved into the rental unit on December 1, 2019 A. vacated the rental unit on June 30, 2023. 4. The Tenant’s T6 Application alleges the Landlord has breached a maintenance obligation under s.20(1) of the Act A. the Tenant’s T2 Application alleges the Landlord has Order Page 1 of 4  File Number: LTB-T-065640-22 substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant. 5. The residential complex is a duplex, in which the Tenant occupied the upper rental unit. 2023 ONLTB 72144 (CanLII) 6. By way of background, the heat to the rental unit is controlled by a thermostat in the downstairs unit. The entranceway to the rental unit is a room containing a washer A. dryer, to which the Tenant has exclusive access. There is a stairway that leads from the entranceway to the Tenant’s kitchen, which is separated by two sets of curtains. 7. The Tenant’s application alleges the entranceway to the rental unit was very cold in the winter months, as a result of uninsulated windows by the entrance A. entrance stairway, lack of insulation A. “poor quality” of the back door. Although the Landlord was responsible for heating the rental unit under the lease, the Tenant was responsible for electricity under the lease A. testified she incurred the extra electricity usage cost of the electric heaters A. space heater installed. The Tenant indicated that due to her limited income A. the high cost of the electric heating, eventually “she stopped heating” this area. The Landlord noted the building is old A. did not dispute the entranceway gets cold during the winter months. On the whole, I find the Tenant’s evidence credible that this area was cold A. as a result, the cold temperature impacted the Tenant’s use of the entranceway, including the washer/dryer located in this area. Based upon the evidence presented, I am satisfied that the Landlord breached its maintenance obligation under section 20 of the Act by failing to ensure the entranceway was properly insulated from the cold. 8. The Tenant also alleges the kitchen was cold, as a result of being in close proximity to the entranceway A. separated only by stairs A. two sets of curtains. 9. At the hearing, the Tenant admitted that, as a whole, the apartment was warm A. the Tenant’s application also indicates “On most winter days, I can almost wear summer clothing in about 75% of my unit. I estimate the temperature to be around 24*C”. The Tenant alleges, however, that the kitchen area was persistently cold as a result of the draft coming from the entranceway. In this regard, the Tenant’s application states she estimates the kitchen to be only around 17 or 18 degrees Celsius A. the Tenant produced a thermometer reading picture reading from January 27 showing a temperature reading of 66 degrees Fahrenheit. The Landlord denies there was insufficient heat in the kitchen area, stating the upper unit was in fact warmer than the downstairs unit A. the Landlord produced pictures of the rental unit from various dates in December 2021 showing the Tenant with windows opened. It was noted that the curtains were installed to mitigate any cold draft coming from the entranceway. 10. While I accept that the Tenant was impacted from time to time from the cold draft coming from the entranceway (A. Landlord’s failure to ensure this area was properly insulated from the cold), given the limited kitchen temperature readings produced for the kitchen, the Tenant’s admission that the balance of the rental unit was quite warm A. the Landlord’s Order Page 2 of 4  File Number: LTB-T-065640-22 evidence showing the windows to the rental unit being opened on multiple dates during the winter months, I do not find the Landlord was in breach of its maintenance obligation under the Act with respect to the kitchen area. Stove 2023 ONLTB 72144 (CanLII) 11. The Tenant alleges the Landlord failed to fix the Tenant’s stove. In this regard, the Tenant advised the Landlord by text on September 27, 2020 that “…my stove is not working right, not only did I have only three elements working now my last big element is been sizzling making noise…”, to which the Landlord responded on September 28, 2020, “Ok so I can have one installed tomorrow afternoon” When the Tenant demanded that a mask be work upon entry, the Landlord indicated he would not be able to comply with this request (at the hearing, the Landlord indicated such denial was due to a medical exemption), but suggested coming when the Tenant was elsewhere, or alternatively, he suggested providing the Tenant with a $250 monetary allowance for the Tenant to arrange for the delivery of a new stove. At the hearing, the Tenant indicated she purchased a stove on October 2, 2020. 12. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477 (“Onyskiw”), the Court of Appeal for Ontario rejected the position that a landlord is automatically in breach of its obligation to maintain A. repair under subsection 20(1) as soon as an interruption in service occurs or the unit is in need of repair. While the Tenant noted the inconvenience of ultimately being forced to purchase stove herself, the stove was ultimately replaced fairly quickly A. the Tenant indicated a monetary allowance was taken, as originally proposed by the Landlord. In these circumstances, I do not find that the Tenant has established a breach under the Act on the part of the Landlord A. accordingly, this allegation is dismissed. Remedies 13. The Tenant seeks a 25% rent abatement for October 2020 through to March 2021. Given my findings that the Landlord failed to ensure the entranceway was properly insulated from the cold, I find it would be reasonable for the Tenant to be awarded a 10% abatement for the period of time extending from November 2020 through to March 2021, for a total abatement of $625.00. 14. The Tenant’s claim for reimbursement of additional electricity usage cost is denied. The Tenant produced copies of sporadic electric utility bills from early 2020, however, such receipts were more than 1 year before the Tenant’s application was filed, A. thus, statute barred. Moreover, such utility consumption charges, without any comparison charges, do not establish that the Tenant’s utility consumption charges have increased due to a breach on the part of the Landlord. It is ordered that: 1. The total amount the Landlord shall pay the Tenant is $678.00. This amount represents: Order Page 3 of 4  File Number: LTB-T-065640-22 • $625.00 for a rent abatement. • $53.00 for the cost of filing the application. 2. The Landlord shall pay the Tenant the full amount owing by November 14, 2023. 2023 ONLTB 72144 (CanLII) 3. If the Landlord does not pay the Tenant the full amount owing by November 14, 2023, the Landlord will owe interest. This will be simple interest calculated from November 15, 2023 at 7.00% annually on the balance outstanding. November 3, 2023 ____________________________ Date Issued Peter Nicholson Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 4 of 4