LTB Order LTB-T-074404-22

Order under Section 30 Residential Tenancies Act, 2006 2023 ONLTB 17562 (CanLII) Citation: S. v B., 2023 ONLTB 17562 Date: 2023-05-02 F. Number: LTB-T-074404-22 (EAT-81012-19) In T. matter of: 9930 HIGHWAY 509 OMPAH ON K0H2J0 Between: A. S. T. K. S. A. B. B. L. L. B. 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-074404-22. A. S. A. K. S. (T. 'T.') applied for an order determining that L. B. A. B. B. (T. 'L.') failed to meet T. L.' 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 August 15, 2022. Only T. T. A. T. T.’ representative, Linda Tranter attended T. hearing. T. L. were 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. T.’ evidence. Determinations: 1. Based on T. uncontested evidence before me, I find on a balance of probabilities that T. L. are in serious breach of their maintenance obligations under subsection 20(1) of T. Act. T. application is granted. 2. Therefore, T. L. must pay a rent abatement A. costs to T. T. totaling $7,993.88. Order Page 1 of 6  F. Number: LTB-T-074404-22 (EAT-81012-19) Background Facts 1. T. rental unit is 4-bedrooms, 2 bathrooms, 2 level permanent mobile home with a foundation, located in a rural area on a 4.9-acre lot. 2023 ONLTB 17562 (CanLII) 2. T. T. M. into T. rental unit August 1, 2013 A. M. out April 7, 2019 due to a fire. 3. T. T.’ T6 application was filed February 22, 2019. 4. T. monthly rent was $1,000.00 from August 1, 2013 to August 1, 2018 A. increased to $1018.00 on September 1, 2018. Maintenance Issues 5. Pursuant to subsection 20 (1) A L. is responsible for providing A. maintaining a residential complex, including T. renal units in it, in a good state of repair A. fit for habitation A. for complying with health, safety, housing A. maintenance standards. 6. Pursuant to subsection 29 (1) A tenant or former tenant of a rental unit may apply to T. Board for any of T. following orders: 3. An order determining that T. L. H. breached an obligation under subsection 20 (1) or section 161. 7. T. T. filed a T6 application on February 22, 2019, which raised 14 maintenance issues: Septic Backup, Living Room Insulation, Radon Gas in Basement, Frozen Furnace Fuel Line, Blower on Furnace, Corroded Kitchen Pipes, Upstairs Bathroom Leak, Exterior Staircase & Railing, Collapsed Ceiling in Basement, Laundry Room Taps, Back Sliding Door, Outside Retaining Wall, Exterior Wall, Old Septic System. 4. T. issues raised by T. Tenant are subject to T. one-year limitation period in subsection 29(2) of T. Act, which provides that no application may be made by a tenant more than one year after T. day T. alleged conduct giving rise to T. application occurs. 5. T. T. filed their T6 application with T. Board on February 22, 2019 A., as such, no remedy can be ordered in connection with any issues that occurred before February 22, 2018, except where T. issues are ongoing. 6. Due to T. time limitation A. T. insurance claims made as a result of T. fire not all of T. maintenance issues listed will be addressed in this order. Septic Backup & Damage Order Page 2 of 6  F. Number: LTB-T-074404-22 (EAT-81012-19) 7. Although T. issue of T. septic system is statute barred as T. flooding A. backups occurred between 2013 A. 2016, T. outstanding repairs resulting from T. damage caused by T. septic back up was ongoing up to T. date T. Tenant’s vacated T. rental property. T. T. testified that after T. floods, T. L. failed to complete T. repairs to T. entire basement area, rendering it unusable as T. following repairs were 2023 ONLTB 17562 (CanLII) not completed; drywall, baseboards A. flooring not replaced, T. toilet A. shower were not functional, A. T. baseboard electrical heating was not installed. T. T. are seeking a rent abatement due to T. outstanding repairs A. loss of use of T. basement. Living Room Mould A. Insulation 8. T. T.’ testified that beginning T. first winter after moving into T. rental unit in 2013 after they notified T. L. that T. living room was extremely cold causing ice to form on T. walls which then created a mold issue. T. L. informed T. T. that it was because T. area lacked proper insulation. Although T. issue was first brought to T. attention of T. L. in T. winter of 2013, T. issue was ongoing every winter. Each year T. T. addressed T. issue with T. L. A. he would install plastic on T. windows but refused to have T. room insulated. T. T. were unable to use this space during cold winter months. T. T. are seeking a rent abatement due to T. outstanding repairs A. loss of use of this space for several months each year. Radon Gas 9. T. T. testified that due to T. ongoing septic issues with T. rental unit, there was a constant smell of sewage in T. rental unit. Out of concern for their health A. safety A. lack of response by T. L. on T. issue, T. T. hired professionals to conduct a test T. radon levels in T. rental unit. T. first Test was conducted in T. fall of 2018 A. T. second test was conducted in January of 2019. In T. reports provided to T. Board as evidence it detected concerning levels of radon in T. rental unit. When T. T. addressed this with T. L., T. L. responded by telling T. T. to move out. Furnace Fuel Lines 10. T. T. testified that in November 2013 T. furnace stopped working, T. L. responded by attending T. following weekend to inspect T. issue. T. L. found that T. fuel lines were freezing A. proceeded to show T. Tenant how to heat up T. lines using a blow dryer. T. Tenant told T. Board that this occurred 4-5 time a week A. although T. L. attended T. property for this issue multiple times, he never sent a professional to have T. issue fixed. Each time this would occur T. T. would be without heat for a few hours. This issue was ongoing throughout T. duration of T. tenancy. T. Tenant is seeking costs for T. work completed. Blower on Furnace 11. In T. fall of 2018 T. blower on T. furnace burnt out. T. T. were without heat for approximately a week because T. L. refused to call it professional. T. L. Order Page 3 of 6  F. Number: LTB-T-074404-22 (EAT-81012-19) eventually sent a friend to fix a belt which later broke again, ultimately T. issue was fixed. Kitchen Pipes 2023 ONLTB 17562 (CanLII) 12. T. T. testified that shortly after T. tenancy began T. T. made T. L. aware that T. kitchen pipes were leaking, A. it appeared that T. pipes were rotting which caused T. leaking to occur. T. Tenant testified that T. L. never addressed T. issue, A. it was ongoing up to T. date T. T. left T. rental unit. Upstairs Bathroom 13. T. T. provided testimony with respect to T. upstairs bathroom toilet did not flush properly from T. start of T. tenancy. When T. L. came to address T. problem, he provided instructions to T. T. on how to plunge it, but never sought to rectify this ongoing problem. T. T. submitted that T. toilet required plunging after every use, however after an unreasonable amount of time T. toilet was fixed. Basement Ceiling 14. T. T. testified that due to T. leaking pipes in T. upstairs bathroom, water damage to T. ceiling caused to it eventually collapse. T. L. was made aware of this issue; however, he never attended T. unit to address T. repairs. Retaining Wall 15. T. Tenant testified that T. large retaining wall that surrounded T. entrance to T. rental property was crumbling A. falling. T. wall was approximately 100 feet long A. 4 feet high A. posed safety concerns for them A. their four children. When T. Tenant notified T. L., T. L. responded by telling T. Tenant to fix it himself. T. Tenant told T. Board that he spent 100 plus hours dismantling T. retaining wall. T. Tenant is seeking costs for T. work completed. Old Septic System 16. T. T. testified that T. old septic system that was T. source of T. many of T. issues above continued to smell A. was not repair A. closed properly. When T. Tenant’s raised concerns about T. health A. safety implications with T. L. they were served with an eviction notice. Remedies Rent Abatement 17. T. T. told that Board that rental property had many problems from T. onset of T. tenancy A. although T. L. was made aware of each of T. issues as they arose A. those that continued throughout T. tenancy, T. L. was reluctant to remedy T. issues. T. T. stated that they A. their four children lost T. use of T. Order Page 4 of 6  F. Number: LTB-T-074404-22 (EAT-81012-19) basement area where two of their children’s bedrooms were located, T. playroom, a bathroom A. shared family space which forced their family of 6 to share two bedrooms, one bathroom A. a small family room on T. main level. In addition, T. septic issue leaking onto T. surrounding property A. into T. house was of great concern to their health. 2023 ONLTB 17562 (CanLII) 18. Although T. remedies that T. T. are seeking are related to specific issues, I have given consideration to all of T. circumstances. 19. An abatement is a contractual remedy designed to address T. idea that rent is paid for a bundle of goods A. services, A. where a tenant is not receiving all of T. goods A. services being paid for, rent should be abated proportionally to T. difference between what is being paid for A. what is being received. 20. T. T. in their application seek a rent abatement of $6,443.88 which represents a square foot calculation, based on T. total square footage of T. home being 2298 A. T. square footage that was impacted. T. T. claim that T. useable square footage is 1064. Given that T. basement of T. rental unit was unusable to T. T. from T. point when T. septic backup occurred in 2013 to T. date they vacated T. renal unit, A. many of T. above noted issues remained unaddressed by T. L., T. $6,443.88 represents less than a 10% rent abatement which is more than reasonable in T. circumstances, therefore, this amount will be awarded. 21. T. Tenant also sought $16,161.12 which represents T. cost to replace T. property that was damaged, destroyed or disposed of. As a result of an insurance claim issued, T. T. are no longer seeking this remedy. 22. T. Tenant is seeking reimbursement for repairs, replacement or work T. Tenant did as a result of T. L. failing to maintain T. rental unit or residential complex. In T. T.’ application, they were seeking $8,880.98. This amount represents some expenses that are statute barred as per T. limitation period, A. as a result T. Tenant is only seeking T. cost for his time in dismantling T. retaining wall A. T. time spent three times per week each winter thawing T. frozen fuel lines to T. furnace to ensure his family had heat. T. Tenant is seeking 60-100 hours of his time at $25.00 per hour. In consideration of all T. circumstances I find that an abatement of $1,500.00 is reasonable for T. inconvenience A. time lost on behalf of T. T.. 23. In T. T.’ application they requested as part of their remedies that T. Board Order T. L. to do T. repairs, replacement or other work that is necessary, A. that T. L. be prohibited from increasing T. rent until T. L. completes T. necessary work. However, given that T. property was destroyed by fire A. T. T. are no longer T., this remedy will not be awarded. Rent Differential & Moving Costs 24. T. T. are claiming moving costs A. T. difference in rent for one year as a result of having to move out of T. rental property. Although I find that T. L. breached their maintenance obligations for which an abatement will be awarded, T. T. did Order Page 5 of 6  F. Number: LTB-T-074404-22 (EAT-81012-19) not move out as a result of T. breach, but rather because of T. fire that destroyed T. rental property. There was insufficient evidence provided at T. hearing to establish that T. cause of T. fire was attributed to any negligence of T. L., therefore a rent differential A. moving costs will not be granted. 2023 ONLTB 17562 (CanLII) Out-of-Pocket Expenses 25. At T. hearing T. T. requested to include out of pocket expenses not included in T. T6 application, given that T. T. did not amend their application to include new remedies prior to T. hearing I am not prepared to accept these remedies or amend T. T.’ application in T. absence of T. L.. 26. In considering T. uncontested evidence, I find that a rent abatement A. costs totalling $7,993.88 to be proportional in T. circumstances for T. cumulative impact on T. T. with respect to T. ongoing maintenance issues raised in this application. It is ordered that: 1. T. L. shall pay to T. T. a rent abatement of $6,443.88. 2. T. repair(s) to work on T. retaining wall A. frozen fuel lines T. furnace that was done by T. T. is authorized. T. L. shall pay to T. T. $1,500.00, which is T. cost of T. work completed. 3. T. L. shall also pay T. T. $50.00 for T. cost of filing T. application. 4. T. total amount T. L. owe T. T. is $7,993.88. 5. T. L. shall pay T. T. T. full amount owing by May 13, 2023. 6. If T. L. do not pay T. T. T. full amount owing by May 13, 2023 T. L. will owe interest. This will be simple interest calculated from May 14, 2023 at 6.00% annually on T. outstanding balance. 7. T. T. have T. right, at any time, to collect T. full amount owing or any balance outstanding under this order. May 2, 2023 Date Issued Natalie James Member, L. A. Tenant Board Eastern-RO 255 Albert Street, 4th Floor Ottawa ON K1P6A9 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 6 of 6