Water Heater (LTB)

SWT-36832-12 (Re), 2012 CanLII 57770 (ON LTB)

The Landlord alleges that the Tenants, in failing to have the corroded water heater replaced, caused the water damage and resultant mould development in the basement.

The Landlord's claim cannot succeed for two reasons.

First, the evidence does not establish, on balance, that the the source of the issue was the water heater. While the corroded water heater is one possible source of water and moisture, the Landlord’s own report noted issues with the water supply line where it enters the house and this is at least equally as likely the source of the issue.

Secondly, it is the Landlord's responsibility to repair and maintain the rental unit, including all the fixtures and fittings in the unit, in a good state of repair. Although in dispute between the parties, even if the contract between the parties included provision that the Tenants pay, as part of the utilities, for the monthly water heater rental, the Landlord remains responsible for ensuring that the water heater is in a good state of repair and the Landlord cannot transfer that responsibility to the Tenants.

Further, I am satisfied on the evidence that the Tenants informed the Landlord of the corrosion present on the water heater as soon as they were aware of the issue and, the extent of deterioration supports a conclusion that the issue existed long before the tenancy commenced. As such, the Landlord should reasonably have been aware of the issue and had a responsibility to correct it.

Based on the foregoing, I find that the Tenants neither wilfully nor negligently caused undue damage to the rental unit.