Bathroom

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2010
Page Categories:	Maintenance Abatements (LTB)
Citation:	Bathroom, CLNP 2010, <>, retrieved on 2024-11-23
Editor:	Rstojni
Last Updated:	2022/09/22

Need Legal Help?
Call (888) 655-1076

Join our ranks and become a Ninja Initiate today

SWT-95636-16 (Re), 2017 CanLII 9455 (ON LTB)

...

Lack of Water Pressure in the Bathroom Sink Tap:

[19] The Tenants testified that when they moved into the unit May 30, 2013 there was no water pressure in the bathroom sink tap. They told the Landlord right away but nothing was done. The Tenants on August 11, 2016 wrote letter to the Landlord requesting several maintenance issues to be addressed including the pressure in the taps. The Tenants stated that it was rectified shortly thereafter. R.P testified that he had to shave at the kitchen sink because there was insufficient water pressure in the bathroom basin taps.

[20] R.L. testified that the taps were replaced on August 17, 2016, six days after he became aware of the complaint. R.L. went on to say that on February 25, 2014 the Tenants spoke to him about the taps but R.P. argued with him and wouldn’t give him a straight answer as to whether there was an issue with the water pressure or if it was an issue with the hot water. R.P. became abusive so the Landlord left it. The Tenant did not deny the Landlord’s version of the conversation on February 25, 2014.

[21] I find that the Landlord was aware that there was a problem in the bathroom in February 2014. However, he testified that he was not sure whether the problem was with the water pressure or if it was the hot water. I find the Landlord failed to investigate what the problem was in order to resolve it. It was not until the Tenants sent a letter August 11, 2016 that the matter was addressed. I find that the Landlord has failed to maintain the water pressure in the basin taps and therefore I find that the Tenants are entitled to a rent abatement from November 1, 2015 to August 17, 2016 for the lack of water pressure. I have considered the behaviour of the Tenant R.P when the Landlord was first advised of the problem and I find in the circumstances rent abatement in the amount of $293.94 which is an abatement of 5% is reasonable.

...

TST-90479-17 (Re), 2018 CanLII 123424 (ON LTB)

Shower

...

25. CG testified that at the outset of the tenancy the shower faucet was not working and she notified the Landlords immediately. CG testified that the Landlords attempted a repair of this problem a few days after it was reported to them but the repair was not effective: the shower faucet would only produce scalding hot water. CG testified that the Landlords did not ever properly fix the shower faucet and so neither she nor the other Tenant could use the shower throughout the tenancy.

26. CG testified that she and the other Tenant had to find other places to shower throughout the month of November 2017.

27. Based on CG’s uncontested testimony, I am satisfied, on a balance of probabilities, that the Landlords breached their maintenance obligations under s.20 of the Act with respect to insufficient heat in the unit.

28. After considering the duration of this problem, the impact on the Tenants’ enjoyment and use of the rental unit, I find that the Tenants are entitled to a rent abatement of 30% per month for the month of November 2017 for a total of $595.50.

...

TST-65033-15 (Re), 2015 CanLII 99141 (ON LTB)

TST-66152-15- T6- Application: Maintenance and Repair

1. It was the evidence of the Tenant that the water pressure in her shower is inadequate. The Tenant says that when she first moved into the unit the water pressure was low. On May 12, 2015 the Tenant says that she told the Landlord about the issue. The Tenant says that in June she could not take a shower and could only take a bath because the shower diverter was not working. The Tenant also told the Landlord’s son about this issue and the son came to look at the diverter on August 29 or August 30, but the shower was not fixed.

2. The Tenant showed a video on her cell phone recorded on July 18, 2015 that the shower diverter was in disrepair and not working.

3. The Tenant says that she is unable to take a shower and has to take baths which take much longer. She also has to use a cup when bathing. The Tenant’s son, MB says that when he sits in the bath, his legs get burned because the faucet leaks hot water.

4. It was the evidence of the Landlord that he learned of the shower issue from his son on or about July 10, 2015. The Landlord says that he has not fixed the shower because the Tenant was supposed to move out of the unit at the end of June; and the Tenant did not pay July’s rent.

5. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act with respect to the disrepair to the shower.

6. The monthly rent is $1,300.00. The Tenant requested a 50% abatement of rent from May 2015 until the shower is fixed.

7. Subsection 30(2) of the Act states: “In determining the remedy under this section, the Board shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Board.” This section of the Act was intended to reflect the case law in the area that basically states that if a landlord does not know about a particular disrepair problem then the landlord cannot and should not be held financially liable for failing to address it. With respect to this issue, I am satisfied that the Landlord knew about this issue on or about July 10, 2015. I say this because the Tenant did not provide sufficient evidence that she told the Landlord about this issue in May 2015.

8. Abatement of rent is a contractual remedy on the principle that if you are paying 100% of the rent then you should be getting 100% of what you are paying for and if you are not getting that, then a tenant should be entitled to abatement equal to the difference in value.

9. In other words, an abatement of rent can be viewed as compensation to the tenant for the inadequate state of repair and any inconvenience or actual loss of use of the rental unit. In determining the amount of an abatement of rent, I have to consider the impact on the Tenant.

10. I am of the view that the Tenant is entitled to a lump sum abatement of rent in the amount of $400.00. In considering this amount I took into account that the Landlord has known about this issue since July 10, 2015 and failed to repair the shower. I also considered the impact statement of the Tenant that she is able to bathe but has to use a cup to rinse and finds this inconvenient.

11. At the hearing, the Landlord was instructed to fix the Tenant’s shower.

...