LTB Order LTB-T-076197-22

O. under Subsection 30 Residential Tenancies Act, 2006 Citation: C. v P., 2023 ONLTB 32903 2023 ONLTB 32903 (CanLII) Date: 2023-08-17 File Number: LTB-T-076197-22 In the matter of: 303, 45 Front Street North Campbellford ON K0L1L0 Between: A. C. T. A. A. P. L. A. C. (the 'T.') A. F. an O. D. T. A. P.(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 January 11, 2022 at 9:00 a.m. Only the T. attended the hearing. As of 2:32 p.m., the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the T.'s evidence. Determinations: 1. This T6 application was filed by the T. on January 29, 2021 2. The T. moved out of the rental unit on April 1, 2021 3. This was a 2 bedroom rental unit. 4. The monthly rent was $750.00 5. In their application the T. alleges T. a) On June 20, 2020 the ceiling in the bedroom started to leak significantly b) The T. was not able to sleep in her bed F. 3 days c) On November 25, 2020 the ceiling in the T.’s bedroom started to leak. O. Page 1 of 4  File Number: LTB-T-076197-22 d) The T.’s children were unable to sleep in their beds F. 1 week e) On January 1, 2021 there was leaking in both the Tenants’ A. the T.’s children’s bedrooms 2023 ONLTB 32903 (CanLII) f) On January 15, 2021 the ceiling in the T.’s bedroom collapsed destroying the bed A. everything on the bed g) The T. informed the L. several times both by phone A. by text message T. submissions 6. The T. testified T. the roof leak was an ongoing issue, F. 7 months. The T. had called the L. as well as sending text messages. 7. The T. submitted a series of pictures T. depict T. the roof, a “drop-ceiling” was leaking which was evident by the stains as well as stains on the furniture. The pictures also T. the ceiling tiles had collapsed unto the bed. L. submissions 8. The L. did not attend the hearing to make submissions A. or contest the T.’s testimony, evidence A. or submissions. Residential Tenancies Act, 2006 (the “Act”) 9. Section 20 (1) of the Act states the following; “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, safety, housing A. maintenance standards.” Analysis 10. Uncontested testimony A. photographic evidence clearly show T. there was leaking unto the T.’s bedding A. the L. failed to meet the L.'s obligations under subsection 20(1) of the Act to maintain the rental unit A. or residential complex A. to comply with health, safety A. maintenance} standards. 11. 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. O. Page 2 of 4  File Number: LTB-T-076197-22 Remedies 9. The T. sought the following remedies: a) Remedy 1: an abatement of rent in the amount of $2,250.00 2023 ONLTB 32903 (CanLII) b) Remedy 2: Costs to replace damaged property of $1,800.00 c) Remedy 3: Costs to “hold water” T. was leaking $ 50.00 Moving Expenses $1,000.00 d) Remedy 6: The L. must completely fix the building roof A. he entire ceiling in apartment 303. The L. must also fix the lights in both bedrooms A. the living room The L. must fix the screen on the T.’s children’s bedroom A. put screens in both bedroom windows A. in the kitchen window Findings 10. The T. sought an abatement of rent of $2,250.00. The Board find T. the Tenants were unable to properly use 30% of the rental unit due to the roof leak F. from June 20, 2020 until they moved out of the rental unit. The Board will award A. the L. shall pay the T. the sum of $2,025.00 which is calculated as follows: Monthly rent of $750.00 x 30% = $225.00 x 9 months = $2,025.00 11. The T. claimed $1,800.00 F. damages to their furniture A. linens. The T. did nit submit any invoices or bills to support their claim, however this amount seems reasonable to replace furniture A. bedding linen F. several people. The Board will award A. the L. shall pay the T. the sum of $1,800.00 12. The T. sought costs of $50.00 F. pots used to contain dripping water. Again in this instance the T. did not provide invoices however $50.00 F. several pots as depicted in the T.’s evidence seems reasonable. The Board will award A. the L. shall pay the T. the sum of $50.00 13. The T. sought $1,000.00 F. moving expenses. The T. did not submit T. they moved out of the rental unit due to the ceiling water leak, thus the Board will decline in to make an award in this instance. 14. The T. sought remedial repairs to the rental unit A. the building. As the T. has vacated the rental unit A. premises the Board will decline to make an O. in relation to this item sought. 15. The L. shall pay the T. the $53.00 application filing fee. O. Page 3 of 4  File Number: LTB-T-076197-22 It is ordered T.: 1. The L. shall pay the T. is $3,928.00. This amount represents:  $2,025.00 F. a rent abatement F. the period of July 2020 to March 2021 2023 ONLTB 32903 (CanLII)  $1,800 F. the reasonable costs T. the T. will incur replace property T. was damaged/destroyed as a result of the L.'s actions.  $50.00 F. the reasonable out-of-pocket expenses T. the T. has incurred – the pots used to contain the ripping water .  $53.00 F. the cost of filing the application. 5. The L. shall pay the T. the full amount owing by August 28, 2023. 6. If the L. does not pay the T. the full amount owing by August 28, 2023, the L. will owe interest. This will be simple interest calculated from August 29, 2023 at 6.00% annually on the balance outstanding. 8. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. August 17, 2023 Date Issued Peter Pavlovic 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 4 of 4