Heating Problems (LTB-Maintenance)

EAT-18690-11 (Re), 2011 CanLII 91047 (ON LTB)

8. The heating and cooling system in the entire complex, which includes the rental complex, the fitness facilities and the meeting rooms etc., are controlled through a boiler system that moves hot or cold water depending on the time of year. Testimony shows that the system is old and is being upgraded by the Landlord. The Landlord has hired companies to determine the problem however, the problems with the system persist. A valve has been replaced although it did not solve the problem. The pipes that distribute the water through the system are currently being examined to find the leaks. Thus far there have been several leaks discovered and it is expected more will be located. As a result, there are air blocks in the system causing the water to not circulate properly. The Landlord has replaced approximately 30 motors for the fans that blow the hot and cool air in residents units.

9. Based on these problems with the heating and cooling system, I find the Tenants’ credible when they testify that there have been several occasions when the heat to the rental units has not been at the level required in the City of Ottawa. I also accept the testimony that there has been extreme heat in the 10 foot by 14 foot rooms that have little ventilation and that the heat lasted for more than a month in May 2011. As a result, I find the Landlord has failed to provide adequate heating and cooling due to the problems with the motors and the water circulation system. This has substantially interfered with the Tenants’ reasonable enjoyment. As well, although (RW), the new Director, Facility and Maintenance, who was hired in May of this year, is actively taking the necessary steps to address these problems, I find the problem has persisted beyond what would be considered a reasonable period of time. Therefore the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act to repair the heating and cooling system and has failed to comply with maintenance standards. Based the problems with the heating and cooling system, I accept the Tenants’ testimony that the rental units were excessively hot for approximately one month this year. I also find it probable there were a number of days when the heat in the rental units was less than the level required by the City of Ottawa by-law. Based on testimony I find the number of days to be equal to 3 weeks. One week while the system was being bled on a number of occasions to allow the water to flow properly, and another 2 weeks while the motors were not working properly of the system was not functioning properly. Considering these determinations, I find a further 25% abatement of rent for the 50 days where there was inadequate or excessive heat in the rental units to be appropriate.

TST-62285-15 (Re), 2016 CanLII 39764 (ON LTB)

36. In the end, I am left with the Tenants’ affirmed and uncontradicted evidence that their unit had insufficient heat from early December 2014 to late February 2015 and I must accept their evidence as true: Maldonado v. M.E.I., [1980] 2 F.C 302 (C.A.) at 305.

37. The Tenants did not provide dates or timelines when the heating was insufficient, or a log of temperature readings in the unit. Their evidence is that the temperature was “below 20 degrees Celsius during the winter”. Based on the evidence presented at the hearing, I am satisfied that there was insufficient heat in the Tenants’ rental unit for some time during the winter of 2014/2015. I therefore find that the Landlord’s breach in this regard interfered with the Tenants’ reasonable enjoyment of the unit.

38. However, it would have been helpful if the Tenants had provided temperature logs or the dates, number of times and for how long the temperature was below 21 degrees. In the absence of such specific evidence, the impact of the issue on the Tenants and the Landlord’s failure to take reasonable and timely steps to address and resolve this problem, I am satisfied that the Tenants are entitled to an abatement of 15% of the rent for the period from December 15, 2014 to February 20, 2015 (67 days), which totals $264.33.