Rent Abatement (Principle): Difference between revisions
(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: | [[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. | 17. The remedies sought by the Tenant are a rent abatement and compensation for lost income. | ||
18. | 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. | 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.