Property Uninhabitable By Fire (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-18
CLNP Page ID:	1904
Page Categories:	Landlord & Tenant (Residential)
Citation:	Property Uninhabitable By Fire (RTA), CLNP 1904, <6q>, retrieved on 2024-05-18
Editor:	MKent
Last Updated:	2022/04/18

NOT-09369-12 (Re), 2012 CanLII 98054 (ON LTB)

1. On October 31, 2011, HA’s rental unit and other parts of the residential complex were severely damaged by a spreading stove top grease fire caused by a person permitted to be in apartment #3 by HA.

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4. After the fire, HA temporarily resided with SM in SM’s apartment which is located in the same residential complex. HA was a temporary guest of SM. The Landlord was not entitled to collect additional compensation from either SM or HA during HA’s brief guest stay.

5. The Landlord received $799.00 from Ontario Disability Support Program as payment towards HA’s November 2011 rent for unit #3. The Landlord was not entitled to retain this payment because HA was no longer entitled too occupy apartment #3. The Landlord collected rent in excess of the amount allowed by the Act and the Landlord must return $799.00 to Ontario Disability Support Program.

Haberman v Grinsaft, 2020 CanLII 118023 (ON LTB)

4. The Tenant, TH testified that there was a fire on December 11, 2018 and the Tenants moved out the same day because of the fire. The Tenant said that the Insurance company removed her belongings over the next couple of weeks.

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6. On January 30, 2019 the Tenants received an email from the Landlord, wherein the Landlord advised that the “tenancy agreement is frustrated where, without the fault of the landlord the obligation under the tenancy agreement, as originally intended, became impossible to fulfill as a result of fire of December 11, 2018, leaving the house uninhabitable.”

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12. The Landlord said things were slow with the insurance company. Around March 2019 the insurance adjuster sent a report and they had to get another quote. The renovations started at the end of April 2019. There were some issues with the basement tenant and the renovations were completed around the third week of August 2019.

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16. Section 19 of the Residential Tenancies Act, 2006 (the ‘Act’) addresses Frustrated contracts and states that “The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements.

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20. I find that the Tenants did not vacate or abandon the unit. It was clear from the evidence, that because of the fire, the Tenants left the unit to stay elsewhere until the unit was repaired. It is also clear that the Tenants communicated to the Landlord their intention of returning to the unit following the repairs. There was no dispute that the Landlord did not obtain any order from the Board evicting the Tenants and authorization that the Landlord take possession of the unit.

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23. If the Landlord wanted to terminate the tenancy because of the Tenants’ behaviour in causing the fire, the Landlord knows or ought to have known that she should have filed a L2 application with the Board. Instead, what the Landlord has done here, is self enforced and circumvented the Board’s process, to rid herself of Tenants she considered a liability.