LTB Order LTB-T-071816-22

2023 ONLTB 63225 (CanLII) Order under Section 31 Residential Tenancies Act, 2006 Citation: K. v Lu, 2023 ONLTB 63225 Date: 2023-09-20 F. Number: LTB-T-071816-22 (SOT-24446-21) In T. matter of: Main Floor Back Left Unit, 31 Page Street St Catharines Ontario L2R4A6 Tenant Between: M. K. A. L. F. Lu Y. F. H. B. M. to T. L. A. Tenant Board’s new case management system, T. Tribunals Ontario Portal. Y. new F. number is LTB-T-071816-22. M. K. (T. 'Tenant') applied for an order determining that F. Lu (T. 'L.'): • Substantially interfered with T. reasonable enjoyment of T. rental unit or residential complex by T. Tenant or by a member of their household. • Withheld or deliberately interfered with T. reasonable supply of a vital service that T. L. obligated to supply under T. tenancy agreement. • failed to meet T. L.’s maintenance obligations under T. Residential Tenancies Act, 2006 (T. 'Act') or failed to comply with health, safety, housing or maintenance standards. This application was heard by videoconference on May 25, 2023. T. Tenant A. T. Tenant's Legal Representative, Mandip Grewal, attended T. hearing. T. L. was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Tenant’s evidence. Determinations: Order Page 1 of 5  F. Number: LTB-T-071816-22 (SOT-24446-21) 1. Pursuant to Rule 15.1, T. Tenant’s application is amended in accordance with T. amended application filed with T. Board A. served on T. L. on November 15, 2021. 2023 ONLTB 63225 (CanLII) 2. T. rental unit is a room, located on T. main floor of T. house with shared common areas with other tenants. 3. T. tenancy with respect to this rental unit (Main Floor Back Left Unit) commenced on April 1, 2021. Prior to this date, T. Tenant was renting a different rental unit in T. residential complex. 4. T. L. or their spouse, child or parent do not live in T. house A. T. Tenant is not required to share a kitchen or a bathroom with T. L., their spouse, or their child or parent. 5. T. Tenant M. out on May 1, 2022. 6. T. monthly rent was $550.00. 7. Given T. uncontested evidence, T. L. failed to reasonably address T. following maintenance issues: • Cockroach infestation: T. Tenant noticed cockroaches in T. rental unit 2 weeks after moving in. Pictures of live A. dead cockroaches in T. residential complex were submitted at T. hearing. T. Tenant says they informed T. L. in May 2021. However, T. L. did not do any treatments to treat T. infestation. • Stove: T. Tenant says T. stove broke towards T. end of April 2021. T. Tenant informed T. L. but T. stove was never repaired or replaced for T. duration of T. tenancy. • Windows: T. Tenant says that both windows in his rental unit would not open or lock. They were also broken or cracked. He informed T. L. towards T. end of April 2021. T. L. did nothing to repair or replace T. windows throughout T. tenancy. • Washing machine: T. Tenant says T. washing machine stopped working A. that he informed T. L. about T. problem on July 22, 2021. T. L. did not repair or replace T. washing machine. • Holes in T. walls: several pictures were submitted which show holes in T. walls throughout T. residential complex. T. Tenant says they informed T. L. in July 2021 but T. L. did not repair T. holes. Order Page 2 of 5  F. Number: LTB-T-071816-22 (SOT-24446-21) • Roof leak: T. Tenant says on June 8, 2021, he notified T. L. that T. roof in T. kitchen was leaking. T. leaks would occur every time someone would use T. shower or when it would rain. T. issue was never resolved throughout T. tenancy. 2023 ONLTB 63225 (CanLII) 8. There was insufficient evidence to prove a rat infestation. T. picture evidence shows a dead rat outside T. residential complex but no pictures to suggest they were inside T. residential complex. T. Tenant did not testify that he saw rats in T. rental unit. He did say that he heard them inside T. walls. Based on T. testimony A. absent any pictures of rats in T. rental unit, I am not prepared to make a finding that there was a rat infestation. 9. In T. case Onyskiw v. CJM Property Management, 2016 ONCA 477 (Onyskiw) (CanLII), T. Court of Appeal for Ontario determined that a contextual approach should be adopted when considering a L.’s potential breach of maintenance obligations under T. Act. A breach will not be found if T. L.’s response to a maintenance issue was reasonable in T. circumstances. 10. In T. present case, T. L.’s response to T. multiple maintenance issues raised by T. Tenant was not reasonable in T. circumstances. Therefore, I find that T. L. breached their maintenance obligations pursuant to s.20(1) of T. Act. 11. T. Tenant says that T. lease agreement provides that T. rent includes utilities. T. Tenant was without heat or hot water from September 21, 2021. T. heat was restored on December 2, 2021, A. T. hot water was restored on January 31, 2022. It appears that T. utilities were disconnected because T. L. did not pay T. bills. Therefore, I find that T. L. withheld or interfered with T. Tenant’s vital services by failing to provide heat A. hot water to T. Tenant. 12. T. L. also failed to address behavioural issues with other tenants A. their guests at T. residential complex. T. Tenant says that shortly after T. Tenant M. in, another tenant at T. residential complex broke into T. Tenant’s room. T. Tenant says that T. other tenants at T. residential complex would invite guests over A. would use drugs at T. rental unit A. discard their garbage A. drug paraphernalia throughout T. residential complex. T. Tenant says that he informed Landlords about T. above issues, but T. L. did not act to correct T. offending behaviour or evict T. offending tenants. 13. T. above resulted in substantial impact on T. Tenant’s reasonable enjoyment of T. rental unit. T. Tenant’s security interests, privacy interests A. interests in quiet enjoyment of T. rental unit was substantially interfered with. Therefore, I find that T. L. substantially interfered with T. reasonable enjoyment of T. rental unit or residential complex by T. Tenant or by a member of their household. Order Page 3 of 5  F. Number: LTB-T-071816-22 (SOT-24446-21) Remedies 14. Given T. circumstances describe above, I find that a rent abatement of $2,090.00 is appropriate in T. circumstances. T. amount represents a 20 percent rent abatement for 2023 ONLTB 63225 (CanLII) T. period April 1 2021 to September 30, 2021, a 50 percent rent abatement for T. months of October 1, 2021 to January 31, 2022, A. a 20 percent rent abatement for T. period February 1, 2022 to April 30, 2022. A higher rent abatement is justified for T. period October 1, 2021 to January 31, 2022 given T. lack of vital services for this period A. T. significant impact this had on T. Tenant. 15. T. Tenant H. out-of-pocket expenses in T. amount of $432.00 because of T. L.’s inaction to repair T. laundry machine. This amount represents T. reasonable costs to do laundry for T. 9 months T. Tenant was without a working laundry machine. 16. T. L. H. shown a complete disregard towards T. Tenant’s rights A. T. L.’s obligations under T. Act. I do not find T. above remedies sufficiently deter T. L. from future breaches of T. Act. Therefore, I find that T. L. must pay an administrative fine to T. LTB in T. amount of $1,000.00. 17. T. Tenant did not claim general damages in their amended application. Therefore, this remedy is denied. 18. This order contains all of T. reasons for T. decision within it A. no further reasons will be issued. It is ordered that: 1. T. total amount T. L. shall pay T. Tenant is $1,972.00. This amount represents: • $2,090.00 for a rent abatement. • $432.00 for T. estimated reasonable out-of-pocket expenses T. Tenant H. incurred. 2. T. L. shall pay T. Tenant T. full amount owing by October 1, 2023. 3. If T. L. does not pay T. Tenant T. full amount owing by October 1, 2023, T. L. will owe interest. This will be simple interest calculated from October 2, 2023 at 6.00% annually on T. balance outstanding. 4. T. Tenant H. T. right, at any time, to collect T. full amount owing or any balance outstanding under this order. 5. T. L. shall pay to T. L. A. Tenant Board an administrative fine* in T. amount of $500.00 by October 1, 2023. Order Page 4 of 5  F. Number: LTB-T-071816-22 (SOT-24446-21) September 20, 2023 ____________________________ Date Issued Khalid Akram Member, L. A. Tenant Board 2023 ONLTB 63225 (CanLII) 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. * Payment of T. fine must be made to T. LTB by T. deadline set out above. T. fine can be paid by certified cheque, bank draft or money order made payable to T. Minister of Finance. If paying in person, T. debt can also be paid by cash, credit card or debit card. Order Page 5 of 5