Lock on Thermostat (RTA)

CET-63266-16 (Re), 2017 CanLII 28532 (ON LTB)

17. The thermostat is located in the Tenants unit. The Tenants pay 60% of utilities.

18. The Tenants testified that the thermostat is set at 22-23 degrees Celsius while the Landlord testified that the temperature is set at 20 degrees Celsius.

19. It is undisputed that the Landlord installed a lock on the thermostat on or about August 29th/30th. The Landlord testified that she did so because she lives in the basement with a young child who was frequently becoming ill and then she discovered that the Tenants had set the temperature to 10 degrees Celsius.

20. The Tenants testified that since they pay for 60% of the utilities, the inability to control the temperature in the rental unit substantially interferes with their reasonable enjoyment.

21. The Tenants have not established that the Landlord withheld or deliberately interfered with a vital service, specifically insufficient heat. The evidence demonstrates that the minimum temperature in the rental unit is set to 20 degrees Celsius as required by the Act. It is reasonable for a Landlord to secure a thermostat given these living arrangements. Both parties are sharing a house with a single source of heat and adjustments to the thermostat affect all occupants. Securing a thermostat is not representative of substantial interference. This claim is dismissed.