Water Heater (RTA) - Re: Not Working

Mailes v Pennfund Corp, 2020 CanLII 117946 (ON LTB)

5. The tenancy agreement indicates the Landlords are responsible to pay water and is silent on whose responsible for the water rental heater charges. Since the tenancy started in October 2016, the Tenants have paid the water heater rental charges which is charged on their gas bill. The water heater is a fix asset which previously existed before the tenancy started and will be a fixed asset beyond and after the tenancy terminates. As such, the ambiguity in the tenancy agreement falls in favour of the Tenants and the responsibility of the water heater charge rests with the Landlord. The Landlords by not reimbursing the Tenants the cost of the rental charge has substantially interferes with the Tenants’ rights.

6. The Tenants provided a copy of the monthly rental charges of $40.92 dated August 2019 and another for $39.72 for the period from December 3, 2018 and January 4, 2019. Therefore, the Landlord owes the lesser amount up to August 2019 or $238.32 ($39.72 x 6 months starting February 2019 to August 6, 2019) and $491.04 ($40.92 x 13 months from August 7, 2019 to August 8, 2020 approximately). The total amount is $729.36.