Muradia v H& R Property Managment

Landlord wins · Etobicoke · 2025-06-19

Adjudicator

Dale Whitmore

Dispute

Harassment, Substantial Interference, Vital Services (Hydro)

Landlord

H& R Property Managment

Tenant

S.M.

Landlord rep

Eric Steiman

Tenant rep

Kristopher Flores

What happened

A tenant filed applications against their landlord, alleging the landlord improperly transferred responsibility for hydro payments after installing submeters. This led to an unpaid bill exceeding $10,000 and the eventual disconnection of the tenant's power. The tenant, who became the leaseholder in 2011 after being an occupant since 2004, argued he should be treated as an existing tenant with hydro included in the rent. The landlord contended that the 2011 lease explicitly excluded hydro, making the tenant responsible.

The ruling

The Tenant's applications are dismissed. The Board determined that the Landlord is not obligated to supply hydro to the Tenant. This conclusion was reached either because the lease validly excluded hydro or because the Tenant failed to challenge the transfer of hydro responsibility within the one-year limitation period. Consequently, the Landlord is not responsible for the hydro being shut off. The Landlord's request for costs was also denied as the Tenant's application was not deemed unreasonable.