Bathroom

SWT-95636-16 (Re), 2017 CanLII 9455 (ON LTB)

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Lack of Water Pressure in the Bathroom Sink Tap:

[19] The Tenants testified that when they moved into the unit May 30, 2013 there was no water pressure in the bathroom sink tap. They told the Landlord right away but nothing was done. The Tenants on August 11, 2016 wrote letter to the Landlord requesting several maintenance issues to be addressed including the pressure in the taps. The Tenants stated that it was rectified shortly thereafter. R.P testified that he had to shave at the kitchen sink because there was insufficient water pressure in the bathroom basin taps.

[20] R.L. testified that the taps were replaced on August 17, 2016, six days after he became aware of the complaint. R.L. went on to say that on February 25, 2014 the Tenants spoke to him about the taps but R.P. argued with him and wouldn’t give him a straight answer as to whether there was an issue with the water pressure or if it was an issue with the hot water. R.P. became abusive so the Landlord left it. The Tenant did not deny the Landlord’s version of the conversation on February 25, 2014.

[21] I find that the Landlord was aware that there was a problem in the bathroom in February 2014. However, he testified that he was not sure whether the problem was with the water pressure or if it was the hot water. I find the Landlord failed to investigate what the problem was in order to resolve it. It was not until the Tenants sent a letter August 11, 2016 that the matter was addressed. I find that the Landlord has failed to maintain the water pressure in the basin taps and therefore I find that the Tenants are entitled to a rent abatement from November 1, 2015 to August 17, 2016 for the lack of water pressure. I have considered the behaviour of the Tenant R.P when the Landlord was first advised of the problem and I find in the circumstances rent abatement in the amount of $293.94 which is an abatement of 5% is reasonable.

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