Leak Under Kitchen Sink (LTB-Maintenance): Difference between revisions
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==[http://canlii.ca/t/hs0j5 TST-90977-17 (Re), 2018 CanLII 42711 (ON LTB)]== | ==[http://canlii.ca/t/hs0j5 TST-90977-17 (Re), 2018 CanLII 42711 (ON LTB)]== | ||
1. The issue to be determined by the Board is whether the Landlord failed to comply with subsection 20(1) of the Residential Tenancies Act, 2006 (the 'Act') which resulted in amongst other things, a broken kitchen countertop, loose kitchen faucet, leak under the kitchen, yellow stains on the ceiling, cracks in the toilet bowl, scratches on the bath tub, ceiling and plaster coming off in the closets, unit not painted, disrepair to the balcony door (mesh has holes), and the balcony floor. | |||
6. There was a leak under the kitchen sink. The Tenants say that the leak was fixed on December 12, 2017. As a result of the leak the Tenants could not store anything under the sink and they had to place a bucket under the sink. They say that every day they had to clean under the sink. | |||
12. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act with respect to the leak under the kitchen sink, the cracked kitchen countertop and the disrepair to the balcony door mesh. | |||
17. I am of the view that the Tenants are entitled to a rent abatement of $76.29 for the leak under the sink. I considered that the leak was not fixed until 42 days later and the impact it had on the Tenants. <b><u>I awarded a 5% abatement for this time period ($36.33 per day x 42 days x 5%).</b></u> I also considered that the Tenants were still able to use the kitchen sink during this time. | |||
Revision as of 15:53, 23 May 2020
TST-90977-17 (Re), 2018 CanLII 42711 (ON LTB)
1. The issue to be determined by the Board is whether the Landlord failed to comply with subsection 20(1) of the Residential Tenancies Act, 2006 (the 'Act') which resulted in amongst other things, a broken kitchen countertop, loose kitchen faucet, leak under the kitchen, yellow stains on the ceiling, cracks in the toilet bowl, scratches on the bath tub, ceiling and plaster coming off in the closets, unit not painted, disrepair to the balcony door (mesh has holes), and the balcony floor.
6. There was a leak under the kitchen sink. The Tenants say that the leak was fixed on December 12, 2017. As a result of the leak the Tenants could not store anything under the sink and they had to place a bucket under the sink. They say that every day they had to clean under the sink.
12. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act with respect to the leak under the kitchen sink, the cracked kitchen countertop and the disrepair to the balcony door mesh.
17. I am of the view that the Tenants are entitled to a rent abatement of $76.29 for the leak under the sink. I considered that the leak was not fixed until 42 days later and the impact it had on the Tenants. I awarded a 5% abatement for this time period ($36.33 per day x 42 days x 5%). I also considered that the Tenants were still able to use the kitchen sink during this time.
