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Assignment 2 With Cover Page

The document outlines an assignment for a Paralegal Program at Georgian College, focusing on landlord and tenant law. It includes a Form T6 for tenants to apply for maintenance issues with their landlord, detailing the application process, required information, and potential remedies. The tenant, Susan White, is seeking various remedies including rent abatement and repairs for a broken furnace.

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0% found this document useful (0 votes)
32 views16 pages

Assignment 2 With Cover Page

The document outlines an assignment for a Paralegal Program at Georgian College, focusing on landlord and tenant law. It includes a Form T6 for tenants to apply for maintenance issues with their landlord, detailing the application process, required information, and potential remedies. The tenant, Susan White, is seeking various remedies including rent abatement and repairs for a broken furnace.

Uploaded by

brarteg0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1

GEORGIAN COLLEGE
Business and Management

PARALEGAL PROGRAM
ASSIGNMENT
WINTER SEMESTER 2024

SUBJECT NAME: Res Landlord and Tenant Law

SUBJECT CODE: LEGL 1012

INSTRUCTOR’S NAME: Christina De Palma

TIME ALLOTTED/DUE DATE: 08-03-2024

MARKS ALLOTTED:

WEIGHTING: 10%

TIME FOR TEST RESULTS: TWO WEEKS FROM DUE DATE

Name: __Paramjit Kaur_______________________________

Student #: __200564237_______________________________

Academic Policies and Procedures Section 8:


Engaging in any form of academic dishonesty to obtain any type of
advantage or credit is an offence and will not be tolerated by the College.
Such offences under this policy include, but are not limited to, cheating,
plagiarism, falsification, impersonation, misrepresentation, and procurement.
Tenant Application about Maintenance
FORM T6
(Disponible en français)

Important Information for Tenants

Use this form to apply to have the Board determine whether your landlord:
• has not repaired or maintained the rental unit or the residential complex, or
• has not complied with health, safety, housing or maintenance standards.

Instructions for Form T6 are available on the Board’s website at tribunalsontario.ca/ltb.

1. Complete all four parts of this application.

• Part 1 asks for general information about:


• the rental unit covered by this application,
• you and the other tenants living in the unit, your landlord and other parties to the application,
• your tenancy and any other unresolved applications that relate to the rental unit.
• Part 2 asks you to select and explain the reasons for your application.
• Part 3 asks you to select the remedies you want the Board to include in the order.
• Part 4 requires your signature or that of your representative, and, if you are being represented, your
representative’s contact information.

2. Complete the Request for French-Language Services or Request for Accommodation form at the end of
this application if you will need additional services at the hearing.

3. File all pages of the application with the Board (not including this page). The Board will send you a Notice
of Hearing showing the time and location of your hearing.

4. Pay the application fee to the Board at the same time as you file the application. The Board will not
process your application unless you pay the fee. Your T6 application fee is $53 (or $48 if you use the
Tribunals Ontario Portal). If you are filing the application for more than one rental unit, the fee is $53
for the first unit and $5 for each additional unit to a maximum of $450. If you mail or courier the
application, you can pay the filing fee by money order, certified cheque, or by credit card. You can't pay
with cash or debit card if you file by mail or courier. If you cannot afford the fee, you can submit a Fee
Waiver Request.

5. Contact the Board if you have any questions or need more information.

416-645-8080
1-888-332-3234 (toll free)
tribunalsontario.ca/ltb
Tenant Application about Maintenance
FORM T6
(Disponible en français)

Read the instructions carefully before completing this form. Print or type in capital letters.

PART 1: GENERAL INFORMATION

Address of the Rental Unit Covered by This Application

Street Number Street Name


1 2 3 B A Y
Street Type (e.g. Street, Avenue, Road) Direction (e.g. East) Unit/Apt./Suite
S T R E E T 5 0 6
Municipality (City, Town, etc.) Prov. Postal Code
T O R O N T O ON M 7 V 4 G 5

Tenant Names and Address


Tenant 1: First Name (If there are more than 2 tenants, complete a Schedule of Parties form and file it with this application.)
S U S A N
Tenant 1: Last Name
WH I T E
Tenant 2: First Name

Tenant 2: Last Name

Mailing Address (if it is different from the address of the rental unit)

Unit/Apt./Suite Municipality (City, Town, etc.) Prov. Postal Code

Day Phone Number Evening Phone Number Fax Number


( 6 4 7 ) 1 2 3 - 7 6 7 6 ( ) - ( ) -
E-mail Address
S U S A N WH I T E@H O T M A I L . C OM

OFFICE USE ONLY

File Number

v. 01/04/2022

Page 1 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

Landlord's Name and Address


First Name (If there is more than 1 landlord, complete a Schedule of Parties form and file it with this application.)
G E O R G E
Last Name
S M I T H
Company Name (if applicable)

Street Address
S T O N E H A V E N B L V D
Unit/Apt./Suite Municipality (City, Town, etc.) Prov. Postal Code
2 3 4 R I C HMO N D H I L L ON J 3 K 1 N 7
Day Phone Number Evening Phone Number Fax Number
( 6 4 7 ) 2 2 2 - 5 5 5 5 ( ) - ( ) -

E-mail Address
G E O R G E S M I T H@G M A I L . C O M

Questions about Your Tenancy

When did you move into the rental unit you are applying about? 0 1 // 0 5 // 2 0 2 1
dd/mm/yyyy

Do you still live in the rental unit? Shade the circle completely next to your answer.

Yes

✔ No ►When did you move out? 0 5 // 1 2 // 2 0 2 3


dd/mm/yyyy

Related Applications
If you or your landlord filed other applications that relate to this rental unit and those applications have not
been resolved, list their file numbers below.
File Number 1 File Number 2

Page 2 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

PART 2: REASONS FOR FILING THIS APPLICATION

I am applying to the Board because the landlord has not repaired or maintained the rental unit or the
residential complex, or has not complied with health, safety, housing or maintenance standards.

Explaining your Reason

In the box below, describe the maintenance problems that led you to apply to the Board.
• What is the problem? If there is more than one problem, list each problem.
• Give the date each problem started.
• Has the problem been repaired? If so, give the date it was repaired and explain who repaired it.
• Explain who or what may have caused the problem.
• How did you inform the landlord about the problem?

Describe in Detail:
See schedule "A" attached

Attach more sheets if necessary.

When did you first tell the landlord about the maintenance problems? 0 2 // 1 1 // 2 0 2 3
dd/mm/yyyy

Page 3 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

PART 3: REMEDIES

The remedies listed below are orders the Board can make to address your reasons for filing the application.
Shade the box completely next to the remedies you want the Board to order. If the Board decides in your
favour, it may decide to include a different remedy or remedies than the one(s) you selected.

✔ Remedy 1: The landlord must pay me a rent abatement of $ 4 8 0 0 .• 0 0

My current rent is $ 1 6 0 0 .• 0 0

I am required to pay rent by the ✔ month week other (specify)

Please explain: How did you calculate the rent abatement?


Rent for the months of December 2023 to February 2024
$1600 X 3 = $4800.00

Attach more sheets if necessary.

Remedy 2: The landlord must pay me for the costs to repair or replace my property that was damaged,
destroyed or disposed of because the landlord did not repair or maintain the rental unit or
the residential complex.

The total costs are $ •

Please explain: How was your property damaged, destroyed or disposed of? List each item and the cost
to repair or replace it.

Attach more sheets if necessary.


Page 4 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

✔ Remedy 3: I had or will have out-of-pocket expenses because the landlord did not repair or maintain
the rental unit or the residential complex. The landlord must pay me for these expenses.

These expenses total $ 2 5 4 8 .• 0 0


Please explain: How did you calculate the expenses?
Hotel charges for two weeks, from December 5, 2023 to December 19, 2023 = $2500.00
Board application fee = $48.00

Attach more sheets if necessary.

✔ Remedy 4: I did repairs, replacements or other work because the landlord did not repair or maintain
the rental unit or the residential complex. I want the Board to authorize the work I did and
to order the landlord to pay me for my costs.

The total costs are $ 7 5 0 .• 0 0


Please explain: What work did you do? How did you calculate the costs?
Three space heaters for the unit costing $250 each.
$250 X 3 = $750

Attach more sheets if necessary.

Remedy 5: I want the Board to allow me to do the repairs, replacement or other work that is necessary
and to order the landlord to pay me for my costs.
Please explain: What work do you plan to do? How much will it cost? How did you calculate how much it
will cost? Be specific.

Attach more sheets if necessary.


Page 5 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

✔ Remedy 6: I want the Board to order the landlord to do the repairs, replacement or other work
that is necessary.

Please explain: What work must the landlord do? Be specific.


The Landlord must fix the furnace in the unit to restore heating.

Attach more sheets if necessary.

✔ Remedy 7: I want the Board to order that the landlord cannot increase the rent for this rental unit
until the landlord completes the work necessary to fix any serious maintenance problems
that the landlord has been ordered to do or will be ordered to do.

Remedy 8: I want the Board to end my tenancy on / /


dd/mm/yyyy

Remedy 9: I want the Board to order other remedies. I have described those remedies below.

Please explain: What else do you want the Board to order?

Attach more sheets if necessary.

Page 6 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

PART 4: SIGNATURE

Tenant/Representative's Signature

Paramjit Kaur
1 2 // 0 2 // 2 0 2 4
dd/mm/yyyy

Who has signed the application? Shade the circle completely next to your answer.

Tenant 1 Tenant 2 ✔ Legal Representative

Information About the Legal Representative


First Name
P A R A M J I T
Last Name
K A U R
LSUC # Company Name (if applicable)
P 9 8 5 2 3
Mailing Address
WE S T WO O D A V E N U E
Unit/Apt./Suite Municipality (City, Town, etc.) Prov. Postal Code
3 4 B A R R I E ON L 4 N 6 A 3
Day Phone Number Evening Phone Number Fax Number
( 2 4 9 ) 2 8 8 - 3 7 0 7 ( ) - ( 2 4 9 ) 2 7 7 - 3 6 0 6
E-mail Address
K P A R A M 1 2 2 2 @G M A I L . C O M

Page 7 of 8
Tenant Application about Maintenance
FORM T6
(Disponible en français)

Collecting Personal Information

The Landlord and Tenant Board has the right to collect the information requested on this form to resolve your
application under section 185 of the Residential Tenancies Act, 2006. After you file the form, all information
related to the proceeding may become publicly available in a tribunal decision, order or other document, in
accordance with Tribunals Ontario's Access to Records Policy and the Tribunal Adjudicative Records Act, 2019.
Parties wanting records or information to remain confidential must seek a confidentiality order from the
adjudicator. If you have questions about confidentiality orders or access to records, please contact us by
email at [email protected] or our Contact Center at 416-645-8080 or 1-888-332-3234 (toll free).

Important Information from the Landlord and Tenant Board

1. You can ask the Board to provide French-language services at your hearing. If you are the applicant, you
can fill out the Request for French-Language Services or Request for Accommodation form included at the
end of this application. If you are the respondent, the Request for French-Language Services or Request
for Accommodation form is available at Board offices and at the Board's website at tribunalsontario.ca/ltb.

2. You can ask the Board to make special arrangements (called a Request for Accommodation) under the
Ontario Human Rights Code to help you participate in the hearing. For example, you can ask the Board to
make arrangements to provide a sign-language interpreter. You can make a request for accommodation
under the Code by telephone, fax or mail. If you are the applicant, you can fill out the Request for
French-Language Services or Request for Accommodation form included at the end of this application. If
you are the respondent, the Request for French-Language Services or Request for Accommodation form is
available at Board offices and at the Board's website at tribunalsontario.ca/ltb.

3. It is an offence under the Residential Tenancies Act, 2006 to file false or misleading information with the
Landlord and Tenant Board.

4. The Board can order either the landlord or the tenant to pay the other's costs related to the application.

5. The Board has Rules of Practice that set out rules related to the application process and Interpretation
Guidelines that explain how the Board might decide specific issues that could come up in an application.
You can read the Rules and Guidelines on the Board's website at tribunalsontario.ca/ltb or you can buy a
copy from a Board office.

OFFICE USE ONLY:

Delivery Method: In Person Mail Courier Service Ontario Center MS FL

Page 8 of 8
Payment Information Form
(Disponible en français)

Payment Method

Select how you are paying the application fee:

Money Order ✔ Certified Cheque

Money orders and certified cheques must be made payable to the "Minister of Finance".

Credit Card
If you are paying by credit card and filing your application by mail or courier, you must complete the
Credit Card Payment Form and submit it with your application.
Schedule “A”

I. RELIEF CLAIMED

The Tenant, Susan White claims following:

(a) Remedy 1: Rent abatement amount of $4800.

(b) Remedy 3: Out of pocket expenses of $2548 that were incurred staying at the
hotel.

(c) Remedy 4: Additional amount of $750 for the space heaters that were purchased
as an alternative to the broken furnace.

(d) Remedy 6: Board orders landlord to fix the furnace for rental unit.

(e) Remedy 7: Board orders landlord to not increase the rent for this rental unit until
the current issue is fixed.

(f) Other relief as this honorable Board may deem just.

II. SUMMARY OF CLAIM

1. The Tenant, Susan White (herein mentioned as “Tenant”) is an individual living in


the province of Ontario, Canada.

2. At the time by which application focuses, Ms. White lived at the address in
question.

3. The Landlord, George Smith (herein mentioned as Landlord) living at 234 Stone
Haven Blvd. Richmond Hill, J3K1N7, is acting as the landlord under Residential
Tenancies Act.

4. Ms. White entered into tenancy with Mr. Smith on May 1, 2022, under Residential
Tenancies Act. With the monthly rent amount of $1600 for the rental unit #506,
123 Bay Street, Toronto, Ontario M7V4G5.

5. In tenancy agreement Mr. Smith (Landlord) and Ms. White (Tenant) agreed that
the rent would be paid on first day of each month by cheque. Ms. White paid the
deposit for the first and the last month of the tenancy on May 1, 2021.

6. On November 2, 2023, the furnace in Tenant’s unit stopped working and the
Tenant did not have a source of heat. Ms. White informed to Mr. Smith via email
which was the standard means of communication between the two. The Landlord
assured the Tenant to fix the broken furnace at earliest possible.

7. On November 6, 2023, Ms. White emailed the Landlord again after waiting three
days, asking for furnace to be fixed. The Tenant did not receive any response
from the Landlord.

8. On December 1, 2023, the Landlord cashed Tenant’s cheque but he did not
acknowledge the furnace issue. Tenant tried to contact the Landlord again via
email but there was no response from the Landlord.

9. Tenant had to purchase space heaters to use in the unit, due to unbearable cold
weather, which cost the Tenant a sum of $750.00.

10. On December 5, 2023, Tenant had to move out and stay in a hotel for two
weeks because of the still existing heat issue in the unit. Staying at the hotel cost
Tenant $2,500.00 in total.

11. At present day, Tenant is living with her friend and still paying for her rental unit.

III. APPLICABLE LEGISLATION

For the purpose of this claim the Tenant rely on the applicable sections of the
Residential Tenancies Act applicable to the actions alleged. The following are the
sections applicable to the above action:

12. Section 20 (1) Landlord’s responsibility to repair –

 20 (1) – 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.
 The Tenant suggests that the residential unit provided by the Landlord was
not fit for habitation as the heating was not working making the unit unfit for
staying in the cold weather.

13. Section 21 (1) Landlord’s responsibility re services –

 21 (1) – A landlord shall not at any time during a Tenant’s occupancy of a


rental unit and before the day on which an order evicting the Tenant is
executed, withhold the reasonable supply of any vital service, care service
or food that it is the landlord’s obligation to supply under
the tenancy agreement or deliberately interfere with the reasonable supply
of any vital service, care service or food.
 The Landlord withheld the repair of the furnace which provides a vital
service of heating the unit especially in the cold weather despite of the
Tenant asking for the issue to be fixed several times.

14. Section 29 (1) Tenant applications –

 29 (1) A Tenant or former Tenant of a rental unit may apply to the Board
for any of the following orders:

1. An order determining that the landlord has breached an obligation


under subsection 20 (1) or section 161.

2. An order determining that the landlord, superintendent or agent of


the landlord has withheld the reasonable supply of any vital service,
care service or food that it is the landlord’s obligation to supply
under the tenancy agreement or deliberately interfered with the
reasonable supply of any vital service, care service or food.

3. An order determining that the landlord, superintendent or agent of


the landlord has substantially interfered with the reasonable
enjoyment of the rental unit or residential complex for all usual
purposes by the Tenant or a member of his or her household

 The Tenant seeks an order determining that the landlord has breached an
obligation under subsection 20 (1) or section 161.
 The Tenant seeks an order determining that the Landlord has withheld the
reasonable supply of the vital service of heating in the cold weather.

15. Section 30 (1) Order, repair, comply with standards –

 30 (1) – If the Board determines in an application under paragraph 1 of


subsection 29 (1) that a landlord has breached an obligation under
subsection 20 (1) or section 161, the Board may do one or more of the
following:

2. Order an abatement of rent.


3. Authorize a repair or replacement that has been or is to be made,
or work that has been or is to be done, and order its cost to be paid
by the landlord to the Tenant.
4. Order the landlord to do specified repairs or replacements or other
work within a specified time.
5. Order the landlord to pay a specified sum to the Tenant for,
i. the reasonable costs that the tenant has incurred or will incur
in repairing or, where repairing is not reasonable, replacing
property of the tenant that was damaged, destroyed or
disposed of as a result of the landlord’s breach, and
ii. other reasonable out-of-pocket expenses that the tenant has
incurred or will incur as a result of the landlord’s breach.
7. Prohibit the landlord from giving a notice of a rent increase for the
rental unit until the landlord has,
i. completed the items in work orders for which the compliance
period has expired and which were found by the Board to be
related to a serious breach of a health, safety, housing or
maintenance standard, and
ii. completed the specified repairs or replacements or other
work ordered under paragraph 4 found by the Board to be
related to a serious breach of the landlord’s obligations
under subsection 20 (1) or section 161.
9. Make any other order that it considers appropriate.

IV. CONCLUSION

16. The Tenant request a total sum of $8,098.00 as monetary remedy for the
financial losses suffered due to failure of the Landlord to repair the furnace of the
rental unit.

This includes:
a) The rent abatement of $4800.
b) Out of pocket expenses of $2548 that were incurred staying at the hotel.
c) Additional amount of $750 for the space heaters that were purchased as
an alternative to the broken furnace.

17. Further, the Tenant requests for an order to the Landlord for fixing the furnace of
rental unit as soon as possible.
18. Application has been prepared by Paramjit Kaur on February 12, 2024 on the
instruction of the Tenant.

Paramjit Kaur
Licensed Paralegal
34 Westwood Avenue,
Barrie, ON L4N6A3

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