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.

TST-02920 (Re), 2009 CanLII 79960 (ON LTB)

2. The boiler for the residential complex has malfunctioned in recent years and was fixed on those occasions. In the summer of 2009, the Landlord did boiler maintenance and found the boiler to be functioning normally. On September 15, 2009, the Landlord turned on the heat and the boiler failed. The whole residential complex was without heat. On October 7, 2009 the Landlord notified tenants that the Landlord was trying to repair the heating system and offered tenants one space heater each. On October 15, 2009, the City of Toronto issued a work order requiring the Landlord to repair the boiler and cease using space heaters by November 3, 2009. On October 21, 2009, the Landlord informed the Tenants that the boiler could not be repaired and would have to be replaced. Prior to that (October 19, 2009) the Landlord requested an extension of the deadline to comply with the work order to December 31, 2009. The request was denied. At the time of the hearing the Landlord had almost completed preparatory work for the installation of a new boiler. I directed that the work be completed by November 22, 2009.

It is ordered that:

2. The Landlord shall install a new boiler to provide heat to the rental unit by November 22, 2009.

3. If the Landlord does not do the by November 22, 2009, the Tenant is authorized to deduct 40 percent of her rent from the monthly rent until the work is done.

TST-95660-18 (Re), 2019 CanLII 87814 (ON LTB)

22. The Tenants testified that in December 2017 they noticed certain rooms in the rental unit were very cold. These rooms all have an outside wall. The Tenants testified that they reported insufficient heat to the Landlord on January 19, 2018 and that the Landlord did nothing about the problem. The Tenants testified that they believe there is insufficient insulation in the outside walls of the affected rooms. To address the issue, the Tenants set the thermostat at a higher temperature, which caused the other rooms in the rental unit to get very hot, then blocked off vents to the rooms that get very hot, in an effort to divert the hot air to the cold rooms.

23. The Tenants submitted a copy of a chart showing temperature readings in the rental unit in December 2017.

24. The Landlord testified that when he renovated the house he was not able to put as much insulation in the outside walls as he wanted to. The Landlord testified that he was notified about the issue of insufficient heat on February 18, 2018.

25. Both parties submitted multiple e-mails and text messages regarding all of the issues in this application. The Tenants submitted no e-mails or text messages complaining about heat in January 2018, although there is a text message dated January 19, 2018 complaining about mice. The only written communication about the heat issue provided by the Tenants is a copy of an e-mail sent to the Landlord on February 19, 2018. The way the issue is worded in this e-mail suggests that it is the first time the Tenants have raised the issue with the Landlord.

26. Based on the Tenants’ lack of written correspondence about this issue from January 2018, and based on the e-mail dated February 19, 2018, I find, on a balance of probabilities, that the Tenants reported this issue to the Landlord on February 19, 2018.

27. The Landlord testified that he contacted HVAC contractors when the Tenants complained about heat and that the contractors attended the rental unit on February 27, 2018. At the hearing the Landlord submitted copies of invoices from two contractors, both with respect to work done on February 27, 2018. One invoice is from a furnace specialist, who indicated on the invoice that the system is working and the problem of insufficient heat is caused by the blocking of vents. The other invoice is from a heating and air conditioning contractor, who indicated on the invoice that the heat problem is caused by the blocking of vents.

28. The Landlord’s documentary evidence of inspections on February 27, 2018 contradicts the Tenants’ testimony that the Landlord did nothing about the issue. As the Landlord’s testimony about these inspections is supported by documentary evidence from uninterested third parties, I give more weight to the Landlord’s evidence on this issue. Accordingly, I find on a balance of probabilities that the Landlord responded to the issue in a timely manner. Further, based on the Landlord’s evidence, I find that the problem was caused by the Tenants blocking vents in the rental unit.

29. Applying Onyskiw, I cannot find that the Landlord breached s.20 of the Act with respect to the heat issue. The problem was caused by the Tenants’ conduct. The Landlord responded in a timely and appropriate manner.

NOT-20798-15 (Re), 2015 CanLII 79117 (ON LTB)

5. The Tenant testified the room was heated by one hot water radiator which he told the Landlord was not working from his first winter in the unit. The Tenant provided additional heat by using a borrowed electric heater. The Landlord testified she recalls a complaint about the heat and she took steps to turn it up. When no further complaints were received she believed the issue was resolved. The Landlord did not investigate if the radiator was functioning properly at any time during the tenancy. She testified she observed the Tenant had put stuff in front of the radiator and she believes this restricted the heat flow.

6. A photograph of the radiator shows significant rust and other discharge around the radiator valve.

7. The Tenant also provided photographs of the “metal” shower enclosure, shared by three tenants, which shows serious rust deterioration in the lower half and it is clearly in extremely bad condition. The Landlord stated only that she received no complaints about the shower.

8. The Tenant testified there was a fan/light in the ceiling which was not working. He advised the Landlord who provided a new fan fixture. The Tenant was prepared to install it but need the power turned off. The Landlord stated she could not get the power off and the installation was left uncompleted. The Tenant stated he used a small table lamp for light which was inadequate. The Landlord stated she made one attempt to install it but the Tenant’s stuff was in the way. Apparently she asked another tenant to install the fixture but did not explain how he was to do this if the power could not be disconnected. The Landlord did not follow up to ensure the installation was done. The Landlord commented the Tenant had additional light from an outside street light which is a totally inadequate response.

9. Therefore, I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act to repair and maintain the rental unit with respect to the following items: malfunctioning stove, poor condition of shower stall, lack of overhead lighting, and lack of adequate heat.

10. The Tenant is entitled to rent abatement in the amount of $729.00. This is based on 15% of the monthly rent of $405.00 for a period of 12 months. The reduced % takes into consideration that the issue with the heat would not be present for the full year.

TST-81983-17 (Re), 2017 CanLII 60131 (ON LTB)

14. Based on the Tenant’s uncontested evidence, I find that 75% of the rental unit had no power between December 15 and 17, 2016. I also find that between December 18 and 21, 2016, there was no power in the den and 3 of the 5 outlets in the living room had no power. I further find that between December 22, 2016 and March 13, 2016, several outlets in the living room did not work and both outlets in the den did not work.

15. The Landlords did not attend the hearing to explain why the electricity was not fully restored to the rental unit on December 15, 2016, once the Tenants advised them there had been a power outage in the unit. Without this explanation, I find that the Landlords’ prolonged and incomplete response to the electrical problems in the rental unit was unreasonable. Therefore, I find that the Landlords substantially interfered with the Tenants’ reasonable enjoyment of the rental unit between December 15, 2016 and March 13, 2016 (when the tenancy terminated, as discussed below) by failing to supply electricity to the entire rental unit. I also find that by failing to supply electricity to the entire unit, the Landlord withheld a vital service. Section 2 of the Residential Tenancies Act, 2006 (the “Act”) defines a vital service to include electricity.

16. I further find that the Landlords substantially interfered with the Tenants’ reasonable enjoyment of the rental unit when the Landlords’ electrician stepped on the Tenants’ comforter with his dirty boots, making it necessary for the Tenants to incur the cost of dry-cleaning the comforter. When the electrician did this he was acting as agent for the Landlords with respect to repairing the electricity in the rental unit on their behalf. Therefore, the Landlords are responsible for any damage the electrician caused to the Tenants’ property in the course of doing these repairs.

Remedies granted

17. For the period December 15 – 17, 2016, the Landlords shall pay the Tenants an abatement of rent in the amount of $170.15. This amount represents 75% of the rent the Tenants paid for this period and it is based on a per diem rent is $75.62. This abatement is meant to compensate the Tenants for the 75% of the rental unit they were unable to properly and fully use during this period.

18. For the period December 18 – 21, 2016, the Landlords shall pay the Tenants an abatement of rent in the amount of $45.37. This represents 15% of the per diem rent the Tenants paid for this period. Based on the Tenants’ evidence, it seems that there were 7 rooms in the rental unit. During this period, there was no electricity supplied to the den, which is 1 of the 7 rooms in the rental unit. There was also no power to 3 outlets in the living room. Therefore, appropriately 15% of the rental unit was still without power and the Tenants could not use this space fully and properly.

19. For the period December 22, 2016 – March 13, 2017 (approximately 3 months), the Landlords shall pay the Tenants an abatement of rent in the amount of $450.00 (or $150.00 per month). This amount represents the five outlets that did not work in the rental unit during this period. YC testified that prior to the power outage she used the den as her home office. During this period, YC would not have been able to fully and properly use the den for this purpose. The Landlords either knew or ought to have known that there were outstanding electrical issues in the rental unit after December 21, 2016. The Landlords’ electrician was in the rental unit as late as December 21, 2016 for the purpose of restoring power to the rental unit and he should have ensured that all of the electrical problems in the unit were fixed.

20. The Landlords shall pay the Tenants $45.19 for the reasonable out-of-pocket expense the Tenants incurred to dry-clean their comforter. The Tenants incurred this cost as a direct result of the actions of the Landlords’ electrician who was acting as the Landlords’ agent at the time.

21. The tenancy is terminated March 13, 2017. The Tenants provided the Landlords notice of termination on January 13, 2017 with a termination date of March 13, 2017. This was a fixed-term tenancy. Therefore, I find that the notice the Tenants provided the Landlords did not comply with section 47 and 44 of the Act. According to these provisions the Tenants were required to give the Landlords at least 60 days’ notice with a termination date that was effective on the last day of the term. However, in the circumstances, I find it appropriate to order that the tenancy is terminated early. After December 21, 2017, the Landlords took no further action to complete the electrical repairs in the rental unit. The Landlords also cancelled electrical repairs that were underway in the rental unit on December 21st and did not arrange for anyone to attend the unit again to complete them. This represented a fundamental breach of the tenancy agreement and of the Landlords’ maintenance obligations that justifies termination of the tenancy.

22. Since the tenancy is terminated March 13, 2017, the Landlords shall pay the Tenants $1,285.54, representing the per diem rent for the period March 14 – 31, 2017. The Tenants paid rent for this period but they are not responsible for paying rent after the tenancy terminated.

23. The Tenants claimed $608.34 in moving and storage expenses they incurred to move out of the rental unit. The Landlords shall pay the Tenants this amount, which represents the Tenants’ reasonable out-of-pocket expenses they incurred as a result of the Landlords’ unreasonable response to the electrical problems in the rental unit and having to terminate the tenancy early.