Mice & Rodent Abatements (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	1839
Page Categories:	[Maintenance Abatements (LTB)]
Citation:	Mice & Rodent Abatements (LTB), CLNP 1839, <5S>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2022/01/03

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TST-61589-15 (Re), 2016 CanLII 39765 (ON LTB)

19. While there does not appear to be a dispute that there was a rodent infestation in the unit, the evidence was unclear about whether the infestation involved rats or mice. In any event, “rat” and “mouse” are not scientific classifications; but, generally speaking, rats are larger than mice. For the purpose of the issue(s) before me, and as the type of rodent will not affect my analysis, I will refer to the rodents as mice.

20. Both Tenants testified that they first observed mice in the unit on February 28, 2015. The issue was immediately reported to the superintendent who attended at the unit on the same day. The superintendent returned again the following day and filled in some holes in the unit. The pest control company attended at the unit on March 3 and 5, 2015 and placed some poison and glue traps in the unit. Tenant GS testified that, on March 5, 2015, the pest control technician who attended at the unit removed an unopened peanut butter jar from the Tenants’ cupboard without authorization, opened it, and used some of the peanut butter to bait the mice traps that he had placed in the unit.

21. Both Tenants testified that the mice infestation was not resolved and continued up to the date they vacated the unit on July 31, 2015. The Tenants produced photographs showing, what appears to be, a mouse in a common hallway of the complex and large mousetraps and a mouse on the exterior grounds of the complex. The Tenants also produced three photographs of mice droppings in the unit.

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36. Given the evidence before me, including the photographs of vermin droppings in the unit and live mice in and outside the complex, I am satisfied that the Landlord is in breach of s. 20(1) of the Act because the unit has not been vermin free during the entirety of the tenancy. As stated, RP testified that, given the age of the complex, the mice problem cannot be avoided. RP further testified that the large mice traps on the exterior of the complex had been in place for about five years. As such, it cannot be said that the Landlord was unaware of the complex’s mice problem.

37. In Offredi v. 751768 Ontario Ltd 1994 CanLII 11006 (ON SCDC), [1994] O.J. No. 1204, the Divisional Court stated: “The question of fault on the landlord’s part is not the issue... What the tenants claim is a breach of contract. The tenants were paying full rent for premises which the landlord was under an obligation… to keep in a good state of repair and fit for habitation. The landlord failed to do that. That is the basis for the claim for an abatement …”

38. In this case, the Tenants did not get what they paid for. They paid rent for a unit that, as a result of a mice infestation, was rendered unfit for habitation from February 28, 2015 to July 31, 2015. The Landlord was in breach of subsection 20(1) of the Act and, by virtue of that breach, the Landlord also substantially interfered with the reasonable enjoyment of the rental unit for all usual purposes by the Tenants or members of their household. Accordingly, the Tenants are entitled to a rent abatement.

39. In light of the Tenants’ and Landlord’s evidence, I find, on a balance of probabilities, that the residential complex and the unit were moderately infested with mice. Based on my knowledge of similar cases, the duration of the problem, the impact on the Tenants on a daily basis, I am satisfied that the Tenants are entitled to an abatement of 10% of the rent for the period from February 28, 2015 to July 31, 2015 (154 days), which totals $875.90. I considered awarding a higher abatement amount, however, I did not do so in light of the absence of written complaints by the Tenants and their insistence, contrary to the Act, that they be present during treatments after March 5, 2015.

TST-57522-14 (Re), 2015 CanLII 9136 (ON LTB)

7. I also prefer the Tenants’ evidence that mice were present in the rental unit and residential complex from May 2014 to November 2014. I accept the Tenants’ evidence that the Landlord asked the Tenants to purchase mouse traps and poison to address the presence of mice at the property. I accept the Tenants’ evidence that the Landlord asked the Tenants to purchase additional traps for the Landlord’s own use in his main floor unit.

...

14. I find that it is appropriate to order the Landlord to pay a 25 percent abatement for the rental unit’s plumbing problems. The Landlord shall pay a 10 percent abatement for the presence of mice. The Landlord shall pay a five percent abatement for the absence of a smoke detector. The Landlord shall pay an additional five percent abatement for the absence of a functioning air conditioning unit. The Landlord shall also pay a five percent abatement for failing to provide a functioning smoke detector.

15. The total rent abatement the Landlord shall pay to the Tenants is $2,975.00.

TST-02871-19 (Re), 2019 CanLII 87037 (ON LTB)

Analysis

27. In Onyskiw v. CJM Property Management Ltd. (2016 ONCA 477) the Ontario Court of Appeal determined that a landlord is not automatically in breach of their maintenance obligations under section 20 of the Act as soon as a problem arises: rather, a contextual approach is necessary in determining whether or not a landlord has breached their maintenance obligations. That approach involves a consideration of the “entirety of the factual situation”, including whether the Landlord’s attempts to perform the needed repairs were reasonable in the circumstances.

28. I have taken into account the entirety of the factual situation including the scope of the problem and the efforts involved in resolving it. In this context, I find that the Landlord is in breach of his maintenance obligations under section 20 of the Act.

29. At the heart of the problem is the undisputed continuing existence of rat mites in the rental unit since January 2018. Aside from the fact that there was significant delay on the part of the Landlord in providing chemicals for the Tenant to spray the unit due to the Landlord’s insistence on a release for liability for harm to the Tenant’s pets when they had long departed the unit, it is also undeniable that the Landlord has thrown up his hands and decided not to address this problem believing it is impossible to rid the unit of them without first attempting to exterminate rats and mice that may be in the residential complex.

30. The Landlord dallied over obtaining a release from the Tenant; he delayed retaining a pest control service provider with expertise in ridding the unit of rat mites and has not provided any independent evidence from Aetna that it has that expertise. There are also no documents from Aetna regarding the work it has performed. But, more importantly, early on the Landlord recognized the unit would not be fit for habitation for an indefinite period, if ever, because of the difficulty in locating and eliminating rodent nests and rodents and rat mites in the residential complex.

31. I am satisfied there likely are rodents nesting in between the Tenant’s floor and the ceiling of the unit underneath. However, I heard no evidence that the Landlord has attempted even obvious measures such as sealing the residential complex against entry by rodents, including all vents and electric service entry points with rodent-proof material; checking for entry points around chimney and between loose shingles; and sealing doors and windows tightly. Instead, what I saw were photographs of large gaps in the siding near the ground. The Landlord insisted that these could not be entry points for rodents because there is a foundation behind those gaps but did not support this claim with expert testimony.

32. It may be so that there is no lawful way to exterminate rat mites by chemicals in which case I find the rental unit is unfit for habitation. Since it is the Landlord’s responsibility under subsection 20(1) of the Act to provide and maintain a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards, I find the Landlord is in breach of this responsibility. Clearly, the rental unit should not be offered for rent to a tenant if it cannot be made fit for habitation. Accordingly, the Tenant is entitled to a rent abatement for the inconvenience and disruption that he has suffered through as a result of the significant continuing existence of rat mites.

Remedy

33. The Tenant is seeking a rent abatement of $11,388.00 based upon a full refund of rent from February 2018 to January 2019, together with $249.48 for treatment of the Tenants’ three cats and one dog to rid them of rat mites and requiring the Landlord to clean out rat/mouse nests inside and outside the rental complex and fill entry holes.

34. I do not fault the Tenant for not accepting the Landlord’s offer to terminate the tenancy early despite the likely existence of rat mites in the rental unit and rodents in the residential complex. That is because it was conditional on the Tenant not obtaining a rebate for some of rent that had been paid and return of only a portion of the last month’s rent deposit.

35. Since the Landlord was unable or unwilling to fulfill his maintenance obligation he is obliged to return the rent paid by the Tenant for the period the Tenant has not been able to occupy the rental unit free and clear of rat mites which began on January 25, 2018 when the Landlord was first notified of the problem to the present. The Landlord is not required to reimburse the Tenant for the treatment of his pets as the Landlord was unaware of the problem prior to their having become infested. The Landlord is obliged to return the last month’s rent deposit to the Tenant.

36. Because of the lack of any predictable date for eradication of the problem of rat mites and rodents, the tenancy is terminated.

It is ordered that:

1. The tenancy is terminated effective January 31, 2019.

2. The Landlord shall pay to the Tenant a rent abatement of $11,388.00 and return the last month’s rent deposit of $949.00.

3. The Landlord shall pay to the Tenant the application filing fee in the amount of $45.00.

4. The total amount the Landlord owes the Tenant is $12,382.00.

5. The Landlord shall pay the Tenant the full amount owing by April 30, 2019.

SOT-05596-10 (Re), 2010 CanLII 48718 (ON LTB)

Determinations:

1. The Landlord breached his obligation under S. 20 of the Act. There are bedbugs, mice and cockroaches in the unit, a crack in the bathroom ceiling; broken laundry facilities and kitchen appliances; and a broken mailbox.

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It is ordered that:

1. The Landlord shall pay the Tenants a rebate of $1300.00 for the maintenance issues which represents 25% abatement of rent for the months December 2009 to July 2010 inclusive.

TST-62285-15 (Re), 2016 CanLII 39764 (ON LTB)

40. The Tenants’ evidence is that there was a mice infestation in the unit, and in the complex, from the outset of the tenancy to the time they vacated the unit. The Tenants first advised JH about the problem in early December 2014 when they discovered mouse droppings in the oven located in one of the shared kitchens. The Tenants acknowledge that a pest control company attended at the complex in January 2015, placed traps in the complex, including in the Tenants’ unit, and returned two weeks later to check on the traps. PD testified that when she returned from Winnipeg on January 4, 2015, she discovered mouse droppings in the unit. PD also testified that that the pest control company sprayed the unit in April 2015 and when she returned to the unit in late June 2015 to retrieve some belongings the problem appeared to be resolved.

41. The email exchanges between the Tenants and the Landlord are rather telling in connection with the mice infestation. In an email to the Tenants on April 14, 2015, the Landlord acknowledges that the Tenants informed him of the problem in “early December [2014]” and that he called the pest control company immediately. The Landlord then goes on to blame the Tenants for the problem because they “do not keep the house clean”. The Landlord repeated this position in his written and oral testimony during the hearing.

42. On April 14, 2015, the Tenants sent a reply email to the Landlord stating that, while the pest control company did initially attend at the complex in December 2014, the Tenants caught five mice since the pest control company’s initial visit. In another email, the Tenants advise the Landlord that, since the outset of the tenancy, the complex’s tenants caught a total of 15 mice using various methods.

43. The Tenants’ assertion that the unit and complex were not effectively treated for the mice infestation from December 2014 to April 15, 2015 is corroborated by another email from the Landlord to the Tenants on April 14, 2015, wherein the Landlord states that he was under the impression that his “premium package” with the pest control company only included four treatments per year. It appears that the Landlord only confirmed that his pest control package includes “unlimited services” on April 14, 2014 when he was so advised in an email by the pest control company on that same date, and which email confirmation the Landlord forwarded to the Tenants.

44. While the parties agree that the complex and the unit were treated for the mice infestation in January 2015 and sometime around mid-April 2015, the Landlord did not provide any corroborative evidence in this regard, such as an invoice from the pest control company. Nevertheless, given the evidence before me, I am prepared to find, on a balance of probabilities that the unit and the complex were treated for the mice infestation sometime in January 2015 and sometime in April 2015.

45. However, given the evidence before me, I find, on a balance of probabilities, that no additional pest control treatments were performed in the unit or the complex. This is especially so given the email correspondence between the parties submitted during the hearing, some of which has been referred to above, and the Landlord’s failure to produce any corroborative evidence to support his position—especially pest control invoices, which are routinely produced by landlords who appear before the Board. The Landlord did produce a rather intriguing document, allegedly provided to him by his pest control company, and which references the presence of rodent activity in the complex, dirty kitchens and a recommendation that the garbage be taken out more often. This document is undated, does not refer to any particular unit in the complex or when the complex was visited or treated and does not bear a price charged for the alleged services provided. The document is entirely unhelpful and was given no weight.

46. Subsection 20(1) of the Act states: “A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards”.

47. Subsection 20(1) of the Act does not contain an element of fault. Therefore, the reasons for a landlord’s breach of subsection 20(1) are not relevant. Regardless of the reasons why a landlord is unable to provide a rental unit in a good state of repair and fit for habitation, if they are unable to do so, they are in breach of their obligation under the Act.

48. A landlord’s maintenance obligations and the irrelevance of fault was considered by the Divisional Court in Offredi v. 751768 Ontario Ltd 1994 CanLII 11006 (ON SCDC), [1994] O.J. No. 1204. In that case the Divisional Court stated: “The question of fault on the landlord’s part is not the issue... What the tenants claim is a breach of contract. The tenants were paying full rent for premises which the landlord was under an obligation… to keep in a good state of repair and fit for habitation. The landlord failed to do that. That is the basis for the claim for an abatement …”

49. In this case, the Tenants did not get what they paid for. They paid rent for a unit that, as a result of a mice infestation, was rendered unfit for habitation from December 2014 to mid-June 2015, when the Tenants vacated the unit. The Landlord was in breach of subsection 20(1) of the Act and, by virtue of that breach, the Landlord substantially interfered with the reasonable enjoyment of the rental unit for all usual purposes by the Tenants or members of their household. Accordingly, the Tenants are entitled to a rent abatement.

50. In light of the Tenants’ uncontradicted evidence, I find that the residential complex and the unit was more than only moderately infested with mice. Based on my knowledge of similar cases, the duration of the problem, the Landlord’s wholly inadequate and ineffective response to the infestation, which response appears to be in part based on the Landlord’s attitude that the Tenants were to blame for the mice problem and the impact on the Tenants on a daily basis, I am satisfied that the Tenants are entitled to an abatement of 20% of the rent for the period from December 15, 2014 to June 13, 2015 (180 days), which totals $946.80.

HOT-01049-16 (Re), 2017 CanLII 28691 (ON LTB)

Determinations:

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16. I find that the Landlord breached his obligation under Section 20 of the Residential Tenancies Act, 2006 (the “Act”) by failing to address the mice issue diligently and effectively in the month of December 2016.

17. The Tenant requested full abatement of the half month’s rent and last month's rent deposit which she paid the Landlord in the sum of $2,325.00. Given the Landlord’s immediate attendance at the unit on November 21, 2016, and sincere effort to rectify the issue by spraying foam under the sink, I will not order rent abatement for the month of November 2016. That the unit was infested with mice in November 2016, did not give rise to an automatic breach of the Landlord’s Section 20 obligations. As the Landlord promptly attended at the unit on November 21, 2016 and diligently sprayed foam under the sink, I decline to order rent abatement for the month of November 2016. However, given the Landlord’s failure to take any further steps (after spraying foam under the sink) after being advised that the problem persisted, I am prepared to award 100% rent abatement for the month of December 2016. Again, while the Tenant had decided she would no longer reside there (regardless of what the Landlord did or did not do), the Tenant had not given up possession of the unit. She was entitled to return at any time. In fact, she had kept her furniture and belongings in the unit and the continued mice infestation, un-remedied by the Landlord, resulted in damage to her sofa and rugs. Further, the continued mice infestation discouraged her from showing the unit to prospective tenants.

18. I am also prepared to terminate the tenancy as of December 31, 2016. In making this determination, I have considered that the Landlord, by not doing anything further in regard to the mice issue in December (on the rationale that it would not have changed the Tenant’s decision), had accepted the Tenant’s decision and agreed to terminate the tenancy as of December 31, 2016. He may have communicated to her by text that he held her bound to 60 days’ notice, but his actions (or inaction) communicated otherwise. Further, I rely on the Landlord’s December 30, 2016 text to the Tenant, whereby he stated: “I am going out of town today and will be back on Jan 07. Let’s meet on Sun Jan 8 to close our deal.” Clearly, the Landlord had considered the tenancy at an end as of December 31, 2016.

19. The Tenant withdrew her claim for property damage and moving costs.

It is ordered that:

1. The Landlord shall pay to the Tenant a rent abatement of $1,550.00.

TST-12781-11 (Re), 2011 CanLII 26901 (ON LTB)

1. The Tenants moved into the unit on July 1, 2010. At that time there was mould in the bathroom. There were also large holes in the wall behind the radiator and under the kitchen sink. The holes facilitated the entry of mice. The whole complex had a mice infestation problem. Another tenant, SC (SC), represented himself as the Landlord’s superintendent and actually gave the Tenants a letter confirming their tenancy. The Tenants reported their problems to SC, but very little was done until the end of September 2010. While the Tenants were away in early August 2010, mice took over the unit and they returned to find mice droppings all over their beddings and carpet. The Tenants disposed of the beddings and carpet. In late September 2001, the Landlord started work on the bathroom. It took 13 days, but the work was not completed. The tiles at the top were exposed, so water could get behind the tiles, and the ceiling was still mouldy. The work was not completed until February 2011, along with other outstanding maintenance issues such as repairing the bathroom sink, replacing missing screens, repairing the kitchen cabinets (frame and drawers), sealing holes in the unit and painting the ceiling and walls of the unit.

2. In light of the above, I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) to maintain the rental unit. While the Landlord did not personally know of these problems until the application was filed, the Landlord did not provide the Tenants with a contact address and relied on SC to deal with maintenance issues raised by tenants.

3. The Tenants are entitled to an abatement of rent in the amount of $1,300.00. This is calculated on the basis of 10% of the rent for July 2010, 20% for August and September 2010, and 10% October 2010 to February 2011. The abatement takes into account the fact that the Tenants suffered more stress and inconvenience in August and September 2010. The abatement also acknowledges the Landlord’s attempt to address the issues with the bathroom and kitchen cupboards in late September 2010. However, these issues along were other maintenance issues were not finally resolved until February 2011.

4. The Tenants disposed of their beddings as a result of the Landlord's failure to maintain the rental unit. I find the estimated replacement cost to be $200.00. I have denied the claim for the cost of the carpet because I am not satisfied that the carpet could not have been salvaged by professional cleaning. I have also denied compensation for the cost of naturopathic medicines and food because there is insufficient medical evidence establishing that the conditions in the unit caused the medical problems alleged by the Tenants.

NOT-28645-17 (Re), 2018 CanLII 86104 (ON LTB)

2. The Tenants advised the Landlord in late summer that there were mice in the rental unit. RM attended to give Tenants traps, sticky pads and poison. The Tenants objected to putting poison in the rental unit. A later inspection by the health unit noted incorrect usage of poison.

3. RM felt his actions addressed the problem until the Tenants advised him the mice were still present. RM wanted to return to the unit but the Tenants wanted to be present. There was little evidence of any serious attempt by the Landlord to address the rodent issue until January.

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7. RM acknowledged that in January he was upset by the Tenants failure to pay the rent in full and this issue was his main focus. He stated the Tenants gave him a notice to move out for their own reasons and not because of the mice.

8. I find that the Landlords failed to meet failed comply with health standards as it related to the rodent infestation.

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31. The Tenants are entitled to rent abatement of $1,200.00 arising from the Landlords failure to address the rodent infestation and to a lesser degree the repair of the leak damage, the door lock and the heat loss. This abatement is based on the following factors: the disruption to the Tenants ability to enjoy the unit, the Landlords failure to take meaningful and prompt action to address the issues and the Tenants insistence in being present when RM wished to attend the rental unit. The amount represents 20% of the monthly rent for the months of August to December (20% x $1,200.00/month = $240.00 X 5 months = $1,200.00). January, 2017 is dealt with below as the rent was not paid in full for the month and occupancy was interrupted.

32. The Tenants paid a last month rent deposit of $1,200.00. The tenancy was terminated by Board order on January 31, 2017. The Tenants are entitled to rebate of rent in the sum of $512.85 which is the per diem rent paid from January 18, 2017 (the date the unit was deemed uninhabitable by the Health Unit) to January 31, 2017 (the date the tenancy was terminated by Board order) ($39.45/day X 13 days = $512.85). No evidence was presented the issues raised by the Health Unit were fully addressed before the end of January.

TST-64893-15 (Re), 2015 CanLII 94877 (ON LTB)

16. The Tenants should not be entitled to the 75% abatement of rent of claimed in the T6. Instead, a total abatement of 30% of the monthly rent would be warranted, 25% because of the moderate disruption the presence of mice in particular would have presented, and the remainder for the relatively minor remaining instances of disrepair. This quantum also takes into account the male Tenant had reduced use of the kitchen, where he made the choice not to cook in the rental unit, and that he reasonably decided to leave his items in boxes and bins during the entirety of the tenancy. The male Tenant was, however able to occupy the unit throughout.

17. The other remedies in the T6 are denied: a reference to parking that was not mentioned at the hearing, moving expenses where the tenancy was terminated and on consent and the cost of bins that were equally unsupported by receipts or any other details as to their purchase. The other remedies claimed in the T6 are moot now that the Tenant has moved out. Additional damages applying the Ontario Human Rights Code are not ordered when the Tenants can be made whole by abatements of rent.

18. A further abatement of rent of 10% would be appropriate in the T2, particularly because the Landlord should generally have known the negative effect the notices of entry and the entries themselves would have had on the male Tenant. For the two confrontations with the female Tenant, one of which the Tenant’s community service said caused anxiety and disruption to the male Tenant, I find a further fixed abatement of $200.00 would be appropriate.

19. The rest of the unsubstantiated and unquantified remedies requested in the T2 are denied.

20. The Tenant should therefore be entitled to an abatement of rent of 40% for the duration of the tenancy plus $200.00. The monthly rent was $980.00 and the tenancy was eight months long. Therefore the Landlord shall pay to the Tenants $3,336.00.

TNL-99131-17 (Re), 2017 CanLII 142703 (ON LTB)

4. The Tenant proved that the Landlord has failed to maintain the rental unit free of mice. At the hearing, the Tenant submitted photographs taken in the rental unit on November 13, 2017. The Tenant’s photographs show that mice continue to be present in the rental unit.

5. In an earlier application to the Board by the Landlord, Board file number TNL-86332-16, the Board determined on October 31, 2016 that the Landlord had failed to meet his maintenance and repair obligations under the Act by failing to maintain the rental property free from mice. The Landlord was ordered to repair holes in the rental unit that allowed the mice to enter, and was also ordered to eliminate mice from the property.

6. The Landlord, however, did not comply with the Board’s order.

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10. In this present case, it is apparent from the evidence adduced at the December 12, 2017 hearing that the rental unit continues to be infested with mice. Although the Landlord adduced documentary evidence from a pest control company that cockroaches were not discovered in the rental unit, the same documentary evidence indicates that the company was required to set mouse traps. I conclude from this evidence that mice continue to infest the rental unit. Mice are present in the kitchen, and interfere with the Tenant’s household’s ability to use and enjoy the facility for all usual purposes. Mice are also present in the bedrooms, and interfere with the Tenant’s household’s ability to use and enjoy those facilities.

11. I find that the Landlord’s efforts to address the mouse population at the property have been inadequate. There was evidence of only two attendances at the property for pest control treatment: once in October 2017 and once in November 2017. Given the long-standing nature of the mouse infestation, and the three previous orders requiring the Landlord to correct the problem, I conclude that having a pest control company attend at the property only two times does not result in a reasonable effort to eliminate mice from the property.

12. At the hearing, the Tenant requested an abatement of rent. Because the mouse infestation interferes with the Tenant’s household’s ability to use and enjoy the kitchen and the bedrooms, I find that it is reasonable to order the Landlord to pay to the Tenant a 50 percent abatement of rent for the period August 2017 to December 2017. This amount is appropriate, because of the impact that the infestation has had on the Tenant’s household, and also because of the long-standing nature of the problem.

13. The Tenant is entitled to an abatement of rent of $2,575.00.

CET-71273-17 (Re), 2018 CanLII 41838 (ON LTB)

Determinations:

T3 application

1. The claims in Tenant’s T3 application concern the washer and dryer, a missing element on the stove, water leaking in the two bedrooms and bugs in the carpet and holes in the roof. These issues are addressed in the T6 application below. No specific remedy was sought at the hearing for the T3 application, so the award that was made is based on the Tenants submissions regarding the T6 application.

T6 application

2. The Tenant testified about the following maintenance issues that she claimed were brought to the attention of the Landlord when they moved in in July 2015:

a) Washer and dryer: Tenant stated she had to replace on her own at a cost of $625.00 date unspecified because from the day she moved in the dryer wouldn’t heat up and water pressure was low. The Tenant stated the Landlords told her to remove the washer and dryer and put them behind the shed. The Landlords testified the washer and dryer were working and they never talked of the washer and dryer but they assumed the Tenant had replaced them. The Landlord CM stated she thought the Tenants had resolved the washer and dryer issue, because according to their lease the Tenant was responsible for the maintenance of all appliances.

b) Holes in the Kitchen ceiling: The Tenant stated since she moved in there was a hole in the wall just above the stove which is still not fixed. The witness DC corroborated this. The Landlord did not respond to this specific allegation.

c) Stove top element not working and oven not working: The Tenant stated the stove hasn’t working properly since she moved in and needs to be replaced. The oven doesn’t work and for a while one element wasn’t working. The Landlord responded that only one burner is not working.

d) Rotten carpets: The Tenant testified that the carpets became rotten and mouldy due to leaking from the rain and snow and animals. The Landlord stated they were informed about the carpets in July 2017 and struggled to get someone to come and address them. The carpet was replaced from both bedrooms and the hallway on the second floor on November 25, 2017 as substantiated by receipts submitted by the Landlord.

e) Leaking and mould in master bedroom window and in ceiling lights in both bedrooms and bathroom, walls damaged due to the leaking: The Tenant stated that when it rains or snows, water leaks around the ceiling lights walls in the bedrooms and bathroom. The Tenant stated she had not been sleeping in the master bedroom because of the mould and smell from the leaking. According to the Tenant the problems have not been fixed. The Landlords claimed when they inspected the rental unit they did not see any evidence that the Tenant was using the living room as her bedroom. The Landlords did not comment regarding mould and leakage.

f) Animals, rats, mice, bed bugs and birds in the rental unit: The Tenant stated that animals were living in the walls and the bedroom. She stated there were 4 types of bugs, bed bugs, potato bugs, centipedes and moisture bugs. The Tenant further stated an ice cream place opened recently (date unspecified) and when they (ice cream place) put their garbage out it worsened the situation because rats and mice would leave the garbage and come into the house. There Tenant further stated there was mould and bad odour as a result of the animals which made it difficult for her to sleep in her bedroom. The Landlord confirmed the problem with the ice cream place and stated that is why they had a tree removed. The Landlord responded stating they only became aware of the issues with bed bugs and other maintenance issues in July 30, 2017. The Landlord sent pest control technicians to the rental unit 3 times in August 2017 and once a month since then.

g) The Tenant stated there were minor repairs that were done by her father over the years but she was not seeking compensation for that minor work

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Remedy sought

9. The Tenant is seeking is an abatement of rent in the amount of $1,600.00 and cost of replacing the washer and dryer of $625.00, for a total of $2,225.00 The Tenants also claimed $65 for bug spray and $75.00 for cleaning carpets. No proof of those expenses was submitted. It was also not disputed that the carpets and pest control were addressed by the Landlords.

10. I find that the Tenant is entitled to a rent abatement equal to 25% of rent as a result of the number of relatively serious ongoing maintenance issues in the rental unit which have significantly affected the Tenant’s use and enjoyment of the rental unit. The rent abatement period starts on November 7, 2016 and ends on the date this order is issued. As the rent is $1,600.00 per month, the total rent abatement awarded to the Tenant is $6,000.00. The Landlords will also be ordered to make the necessary repairs.

11. The Landlords will also be ordered to compensate the Tenants for the cost of the washer and dryer as they failed to meet their legal obligation to repair the washer and dryer that were in the rental unit at the beginning of the tenancy. As the Landlords are being ordered to pay for the washer and dryer they become property of the Landlords and must be left in the rental unit at the end of the tenancy.