Patrick v Brancatella

Landlord wins · North York · 2025-11-21

Adjudicator

Rema El-Tawil

Dispute

Maintenance

Notice

Maintenance (T6)

Landlord

V.B., A.B.

Tenant

A.P., S.S., R.D., C.S.

What happened

The Tenants applied for an order determining that the Landlords failed to meet maintenance obligations, citing numerous issues including door gaps, bathroom vanity mold, plumbing issues, non-functional stove and kitchen hood, nicotine stains, rat feces, and clogged gutters. The Tenants performed many of the repairs and renovations themselves shortly after moving in, claiming the unit was in a desperate state of disrepair. The Landlords contended that they were only notified of a few issues (toilet and hood fan) and were not given the opportunity to address other concerns before the Tenants took it upon themselves to renovate the property without permission.

The ruling

The Tenants' application was dismissed in its entirety. The Board found that the Landlords were either not properly notified of the alleged maintenance issues or were not given a reasonable opportunity to fix them. The Tenants' decision to perform extensive renovations and repairs without the Landlords' permission or knowledge precluded a finding that the Landlords breached their maintenance obligations under the Act.