Perreault v Johnston

Landlord wins · Gloucester · 2021-12-14

Adjudicator

Ian Speers

Dispute

Maintenance, Tenant Rights

Landlord

M.J., R.J.

Tenant

V.P.

Landlord rep

Jeanette Caton, Melissa Macdonald, Rolland Hedges

Tenant rep

Veronique Perreault

What happened

Tenant filed three applications: two T6 (maintenance) applications and one T2 (Tenant Rights) application. The T6 applications alleged the landlords failed to meet maintenance obligations, including replacing a stove and maintaining the property. The T2 application alleged the landlords substantially interfered with the tenant's reasonable enjoyment of the rental unit by not having a working wood fireplace and not properly instructing the tenant on how to use the gas fireplace.

The ruling

All three of the Tenant's applications were dismissed. The Landlords were found to not be in breach of their maintenance obligations under the Residential Tenancies Act. The Tenant's responsibilities for lawn care, snow removal, and pool maintenance were upheld, and the issues with the fireplaces were found to not substantially interfere with the Tenant's reasonable enjoyment of the rental unit.