Breach of Contract (LTB): Difference between revisions
(Created page with "Category:Contract Law, Leases, & Sub-Letting (LTB) {{Citation: | categories = | shortlink = }} ==TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB)== <ref name="TET-89788-18">TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB), <https://canlii.ca/t/hwbfv>, retrieved on 2024-08-02</ref> ==References==") |
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==TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB)== | ==TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB)== | ||
35. When a tenancy agreement includes a service like free laundry it is a breach of the Act for a landlord to simply cease to provide the service. Most tenants file a T3 application alleging discontinuance of a service or a facility. Sometimes the discontinuance is retaliatory and done deliberately to upset a tenant in which case it is a breach of s. 23 of the Act. But fundamentally, regardless of what type of application a tenant files, <b>the failure to provide a service like laundry that is included in a tenancy agreement is a substantial interference with the rights of a tenant. <u>It is a contractual right granted to the tenant and is treated like a breach of contract.</b></u> | |||
36. So I am satisfied that when the Landlord cut off laundry access to the Tenant he breached section 22 of the Act. | |||
Revision as of 00:47, 3 August 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2399 |
| Page Categories: | |
| Citation: | Breach of Contract (LTB), CLNP 2399, <>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2024/08/03 |
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TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB)
35. When a tenancy agreement includes a service like free laundry it is a breach of the Act for a landlord to simply cease to provide the service. Most tenants file a T3 application alleging discontinuance of a service or a facility. Sometimes the discontinuance is retaliatory and done deliberately to upset a tenant in which case it is a breach of s. 23 of the Act. But fundamentally, regardless of what type of application a tenant files, the failure to provide a service like laundry that is included in a tenancy agreement is a substantial interference with the rights of a tenant. It is a contractual right granted to the tenant and is treated like a breach of contract.
36. So I am satisfied that when the Landlord cut off laundry access to the Tenant he breached section 22 of the Act.
References
- ↑ TET-89788-18 (Re), 2018 CanLII 113779 (ON LTB), <https://canlii.ca/t/hwbfv>, retrieved on 2024-08-02
