Rent Abatement (Principle): Difference between revisions

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(Created page with "Category:Landlord Tenant ==[http://canlii.ca/t/h3r1s TST-78547-16 (Re), 2017 CanLII 28680 (ON LTB)]== 17. The remedies sought by the Tenant are a rent abatement and co...")
 
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[[Category:Landlord Tenant]]
[[Category:Maintenance Obligations (LTB)]]


==[http://canlii.ca/t/h3r1s TST-78547-16 (Re), 2017 CanLII 28680 (ON LTB)]==
==[http://canlii.ca/t/h3r1s TST-78547-16 (Re), 2017 CanLII 28680 (ON LTB)]==


17.   The remedies sought by the Tenant are a rent abatement and compensation for lost income.
17. The remedies sought by the Tenant are a rent abatement and compensation for lost income.


18.   <b><u>Abatement of rent is a contractual remedy based 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.</b></u> Here, it was the evidence before me that the monthly rent for the unit was $199.00. Given all of the evidence before me I am of the view that a reasonable lump sum abatement of the rent would be $30.00 for the period in question.
18. <b><u>Abatement of rent is a contractual remedy based 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.</b></u> Here, it was the evidence before me that the monthly rent for the unit was $199.00. Given all of the evidence before me I am of the view that a reasonable lump sum abatement of the rent would be $30.00 for the period in question.


19.   The Tenant’s request for compensation for loss income is denied. The Tenant had failed to prove a nexus between her loss income from her business and the disruption caused by the “offending” tenant.
19. The Tenant’s request for compensation for loss income is denied. The Tenant had failed to prove a nexus between her loss income from her business and the disruption caused by the “offending” tenant.

Revision as of 18:17, 26 March 2020


TST-78547-16 (Re), 2017 CanLII 28680 (ON LTB)

17. The remedies sought by the Tenant are a rent abatement and compensation for lost income.

18. Abatement of rent is a contractual remedy based 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. Here, it was the evidence before me that the monthly rent for the unit was $199.00. Given all of the evidence before me I am of the view that a reasonable lump sum abatement of the rent would be $30.00 for the period in question.

19. The Tenant’s request for compensation for loss income is denied. The Tenant had failed to prove a nexus between her loss income from her business and the disruption caused by the “offending” tenant.