Rent Abatement (Principle)

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.