Bathroom

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-18
CLNP Page ID:	2010
Page Categories:	Maintenance Abatements (LTB)
Citation:	Bathroom, CLNP 2010, <>, retrieved on 2024-05-18
Editor:	Rstojni
Last Updated:	2022/09/22

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

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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.

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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.

References

<ref name="s.20"> Residential Tenancies Act, 2006, SO 2006, c 17, <https://rvt.link/16> retrieved on 2022-09-22