Category:Electrical Safety Authority Defect Notice

NOT-10906-13 (Re), 2013 CanLII 11085 (ON LTB)^[1]

1. On January 4, 2013 the City of Greater Sudbury issued the Landlord an Order to Remedy Non-Conformity with Standards for Maintenance and Occupancy. This order states that the roof leaks in numerous locations, the electrical outlet for the stove in the rental unit is not in good working order and interior finishes of walls and ceilings are deteriorating due to water damage. The Landlord is ordered to, by April 30, 2013, repair the roof, install a proper electrical outlet for the stove, and repair all interior walls and ceiling. (Tenant Exhibit #1)

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4. The Electrical Safety Authority (ESA) issued a Hazardous Investigation Defect Notice to the Landlord on January 23, 2013. This notice found water leaking into the building and tracking into fixtures and panels, deteriorated and/or damages luminaries, insufficient receptacles, improper range receptacle, ungrounded receptacles, and missing fuse rejectors. The ESA issued an order to remedy these defects by January 30, 2013. (Tenant Exhibit #3)

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11. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of Residential Tenancies Act, 2006 (the ‘Act’) to repair and maintain the rental unit and failed to comply with housing and maintenance standards.

It is ordered that:

1. The Landlord shall pay to the Tenant a rent abatement of $1,948.52.

2. The Landlord shall repair or replace the roof, the interior ceiling and walls, and the electrical system in compliance with the work orders issued by the City of Greater Sudbury and the Electrical Safety Authority by April 30, 2013.

3. Commencing on March 1, 2013 and for each month thereafter and until the Landlord has completed the repairs in accordance with paragraph 2 of this order the monthly rent shall be reduced by 30% to $324.77. Upon the Landlord providing written documentation that the work orders issued by the City of Greater Sudbury and the Electrical Safety Authority have been lifted the monthly rent shall immediately return to $463.95 (plus any increase for which the Landlord has given proper notice).

4. The Landlord shall also pay the Tenant $45.00 for the cost of filing the application.

5. The total amount the Landlord owes the Tenant is $1,993.52.

6. The Landlord shall pay the Tenant the full amount owing by March 2, 2013.

7. If the Landlord does not pay the Tenant the full amount owing by March 2, 2013 the Landlord will owe interest. This will be simple interest calculated from March 3, 2013 at 3.00% annually on the outstanding balance.

8. If the Landlord does not pay the Tenant the full amount owing by March 2, 2103, the Tenant may recover this amount by deducting $200.00 from the rent each month from March, 2013 to November 1, 2013 and $193.52 in November, 2013.

9. The Tenant has the right, at any time, to collect the full amount owing or any balance outstanding under this order.

10. The Landlord is prohibited from charging a new tenant an amount of rent in excess of the last lawful rent charged to this Tenant until the Landlord has completed the items in the work orders issued by the City of Greater Sudbury and Electrical Safety Authority.

11. The Landlord is prohibited from taking any rent increase for which a notice of rent increase has been given, if the increase is not taken before February 19, 2013, until the Landlord has completed the items in the work orders issued by the City of Greater Sudbury and Electrical Safety Authority.

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