Ratman v Drake Property Management
Landlord wins · Hamilton · 2025-07-11
- Adjudicator
- Candace Aboussafy
- Dispute
- Reduction In Services, Substantial Interference
- Landlord
- Drake Property Management, S.G.
- Tenant
- Z.R.
What happened
The Tenant filed T2 and T3 applications alleging that the Landlords substantially interfered with his enjoyment of the unit and seeking a rent reduction due to the installation of new plumbing pipes. The pipes, installed in April 2024, ran through the Tenant's living space. The Tenant boxed the pipes in with drywall, resulting in a loss of approximately 3.5 square feet of floor space, which required him to rearrange his furniture.
The ruling
The Tenant's applications (T2 and T3) were dismissed. The Board found that the loss of 3.5 square feet of space due to necessary building plumbing work and the subsequent need to rearrange furniture did not constitute substantial interference with reasonable enjoyment. Additionally, physical space was ruled not to be a service or facility for the purposes of a rent reduction application.