Macleod v Mitchell

Tenant wins · Etobicoke · 2023-05-29

Adjudicator

Robert Brown

Dispute

Harassment, Maintenance

Notice

Tenant rights (T2), Maintenance (T6)

Amount

<$5K

Landlord

C.M.

Tenant

K.M.

Landlord rep

Joseph Kazubek

What happened

The Tenant applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant, and that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards.

The ruling

The Landlord breached the maintenance obligations under the Residential Tenancies Act by failing to properly address the repeated sewage backups and flooding issues in the rental unit. The Tenant is awarded $4,276.50, which includes a rent abatement, general damages, and the cost of filing the application. The Tenant's claim of harassment against the Landlord was dismissed.