1 Dispute Resolution Services Page: 1 Residential Tenancy Branch Office of Housing and Construction Standards DECISION Dispute Codes: MNR; MNDC; ERP; RP; RR; FF Introduction This is the Tenant s application for the cost of emergency repairs; compensation for damage or loss under the Act, regulation or tenancy agreement; for an Order that the Landlord make emergency and regular repairs to the rental unit; to allow the Tenant to reduce rent for repairs, services or facilities greed upon but not provided; and to recover the cost of the filing fee from the Landlord. This matter was scheduled to be heard on April 27, 2012, and was adjourned by consent because the Landlord was ill. The Tenant and the Landlord s agent gave affirmed testimony at the reconvened Hearing. Issues to be Decided Is the Tenant entitled to a monetary award for the cost of emergency repairs? Is the Tenant entitled to compensation for damage or loss under the Act? Is the Tenant entitled to a rent reduction for repairs, services or facilities agreed upon but not provided? Should the Landlord be ordered to make regular and emergency repairs to the rental unit? Background and Evidence This tenancy started on February 15, Monthly rent is $750.00, due on the first day of each month. The rental unit is a basement suite in the Landlord s house. The Landlord lives in the upper suite. On March 10, when the Landlord was out of the country, there was a flood in the rental unit which originated in the Landlord s suite. The Tenant provided the following testimony: The Tenant stated that when the flood happened, he called a person who collected rent
2 Page: 2 for the Landlord while the Landlord was out of the country. The person told him to call a plumber. The Tenant stated that the Landlord did not provide the name of any emergency contact person while he was out of the country. The Tenant stated that the flood caused water to saturate the ceiling and walls of the rental unit. He stated that water was running into his suite for a couple of hours before it was turned off by the plumber at street level. The Tenant testified that he spent 20 hours over the course of two days dealing with the damages caused by the flood. This included: arranging for a plumber to come on an emergency basis; waiting for plumber; mopping up water and cleaning/drying the rental unit; moving furniture; and doing extra loads of laundry. The Tenant provided a copy of an from the plumber in evidence, along with photographs of the interior of the rental unit during and after the flood. The Tenant stated that the flood caused water damage to the ceiling tiles in the rental unit, the carpet, the subfloor of the kitchen, and the walls. The Tenant testified that he was not able to have full use of his kitchen from March 20, 2012, until May 3, 2012, when the damaged ceiling tiles were replaced. He stated that he lost work as a result of the flood and that he was ill from mould and exposed insulation, wet wood and constant odor. The Tenant testified that he lost time with his children due to the flood and flood damage because the rental unit was unsafe and unhealthy for his children to be there. The Tenant s claim is as follows: Description Total claim Emergency response to flood March 10, 2012 (10 $ Emergency response to flood March 11, 2012 (10 $ Loss of full use of kitchen $1, Missed work due to illness and time dedicated to prepare for Hearing $ Destroyed personal property (Rockport shoes) $ Illness and loss of sleep $ Compensation for loss of time with children $ Administrative fees for preparation of documents and evidence $50.00 TOTAL CLAIM $3, The Tenant testified that the ceiling tiles were replaced on May 3, 2012, but the carpet has not been lifted or remediated and the floor is soft underneath the linoleum in the kitchen. He stated that a pressboard shelf in the kitchen cupboard was saturated with
3 Page: 3 water causing it to puff up and disintegrate. The Tenant stated that he had to dispose of the shelf and he seeks to have it replaced. The Landlord s agent gave the following testimony: The Landlord s agent testified that the Landlord had provided two names of emergency contact people in writing to the Tenant at the beginning of the tenancy. He stated that as soon as the Landlord found out about the flood, he arranged for an Insurance adjuster to inspect the rental unit. He stated that the adjuster found that only the ceiling tiles were damaged by the flood and that some of the moisture damage was attributed to the Tenant failing to use the fan when he was showering. The Landlord provided a copy of a letter from an insurance adjuster in evidence. The Landlord s agent testified that the inspection took place at 2 or 3 in the afternoon and the bathroom walls were still wet from the Tenant s morning shower. The Landlord s agent stated that any damage to the Tenant s belongings should be claimed from the Tenant s personal insurance policy. The Landlord s agent stated that water damage from the flood was restricted to right in front of the Tenant s door and that there was no loss of the use of the kitchen. He stated that there was no evidence of damage to the carpet or the floor. The Landlord s agent stated that the photographs provided by the Tenant were close ups and show an exaggerated view of any damage. The Landlord s agent stated that the wires depicted in the ceiling of the rental unit were telephone wires, not electrical wires, and that the electrical box was properly enclosed, presenting no hazard. The Tenant provided the following reply: The Tenant testified that the Landlord did not give him a document with emergency contact information on it and stated that the document the Landlord provided in evidence was fraudulent. The Tenant testified that he always uses the fan when he is taking a shower. He stated that the water from the flood was not limited to the area in front of his door. He stated that it was streaming from the fan in his bathroom and running down the walls. Analysis A lot of testimony and documentary evidence provided was not relevant to the Tenant s claim. In this Analysis portion of the Decision, I refer to the relevant evidence only.
4 Page: 4 Section 33(1) of the Act defines emergency repairs as follows: Emergency repairs 33 (1) In this section, "emergency repairs" means repairs that are (a) urgent, (b) necessary for the health or safety of anyone or for the preservation or use of residential property, and (c) made for the purpose of repairing (i) major leaks in pipes or the roof, (ii) damaged or blocked water or sewer pipes or plumbing fixtures, (iii) the primary heating system, (iv) damaged or defective locks that give access to a rental unit, (v) the electrical systems, or (vi) in prescribed circumstances, a rental unit or residential property. The flood (major leak) was contained on March 10, 2012, and there was insufficient evidence of any other emergency repairs required at the rental unit. Therefore, the Tenant s application for an Order that the Landlord provide emergency repairs is dismissed. With respect to the Tenant s application for an Order that the Landlord provide regular repairs to the rental unit, Section 32(1) of the Act requires the Landlord to provide and maintain the rental unit in a state of repair that complies with the health, safety and housing standards required by law and makes it suitable for occupation by a tenant. However, after the Hearing had concluded, the Tenant filed a copy of his written notice to end the tenancy effective June 30, As the tenancy is ending and there are no emergency repairs that remain to be done, I decline to issue Orders that the Landlord make regular repairs to the rental unit. The Tenant seeks monetary compensation for various items as set out in his Application for Dispute Resolution and supporting documentation. The document from the plumber who attended states, in part:
5 Page: 5 we went around back and there was water coming through the celing of the kitchen It looked like it was full street pressure the floor was soaked and water was flowing out the door at the back. I called [the Landlord s agent] to tell him about the severity of the problem and that I needed to get access to the upper suite of the house before I could turn the water back on. He said he was driving a cab and thought he might have a fare from the airport I told him that he needed to come right away that this was an overtime call and that I had to find the source of the water which is upstairs. He arrived about a half hour later with his wife and had a look at the suite and didn t seem to think it was that bad. It had been leaking through the celing at full street pressure for about an hour. I got the impression that he wasn t going to do anything about the damage downstairs. (reproduced as written) The evidence shows that the flood originated in the Landlord s suite and that the Landlord s agent paid the plumber s bill. The Landlord s agent did not stay to help clean up the aftermath from the flood, nor did he send any remediation experts to take care of the clean-up. The Tenant seeks compensation for his time and efforts to clean up the rental unit after the flood was contained. I find that the clean-up was necessary in order to minimize the water damage to the Landlord s property. The Tenant estimated that it took him 20 hours to complete the clean-up, move furniture and do extra laundry. I find that the Tenant did not provide sufficient evidence that he was not able to fully use the kitchen from March 10, 2012 to May 3, I find that missing ceiling tiles, although cosmetically unattractive, would not preclude him from using the sink and counters. There was insufficient evidence of falling debris or unsafe electrical wires hanging from the ceiling. I do find that he did not have full use of the rental unit for March 10 and 11, due to the flood and the resulting clean-up, and allow him a nominal award in the amount $50.00 for the depreciated value of the tenancy for those two days. There is no provision in the Act for administrative fees for preparation of documents and evidence to support an Application for Dispute Resolution and this portion of the Tenant s claim is dismissed. The Tenant provided insufficient evidence that there was mould in the rental unit or that he suffered from the effects of mould.
6 Page: 6 I find that there was insufficient evidence that the Landlord or the Tenant caused the flood and that the Tenant s private insurance should cover the cost of replacing his shoes, doing the extra laundry, and compensation for the remainder of the Tenant s claim. However, I also find that the Tenant is entitled to be compensated for his efforts to minimize damage to the Landlord s property and award him the amount of $ for this portion of his claim. The Tenant s application had some merit and I find that he is entitled to recover the cost of the filing fee in the amount of $ Pursuant to the provisions of Section 72 of the Act, the Tenant may deduct his total monetary award in the amount of $ from future rent due to the Landlord. In the event that the Tenant is unable to do so for the month of June, 2012, and due to the fact that the tenancy may be ending on June 30, 2012, I hereby provide the Tenant a Monetary Order in the amount of $ against the Landlord. If the Tenant is able to deduct his monetary award from future rent, then the enclosed Monetary Order shall become satisfied and of no further effect. Conclusion I find that the Tenant is entitled to a monetary award in the amount of $400.00, which may be deducted from future rent due. Due to the fact that the Tenant has apparently given notice to end the tenancy effective June 30, 2012, I hereby provide the Tenant a Monetary Order in the amount of $ against the Landlord. This Order must be served on the Landlord and may be filed in the Provincial Court of British Columbia (Small Claims) and enforced as an Order of that Court. If the Tenant is able to deduct his monetary award from June rent, then the enclosed Monetary Order shall become satisfied and of no further effect. This decision is made on authority delegated to me by the Director of the Residential Tenancy Branch under Section 9.1(1) of the Residential Tenancy Act. Dated: May 30, Residential Tenancy Branch
A Publication of the City of Raleigh Fair Housing Hearing Board Tenants Rights And A Handbook Obligations CITY OF RALEIGH COMMUNITY SERVICES DEPARTMENT The authors of this handbook gratefully acknowledge
The Wisconsin Way A Guide for Landlords and Tenants More than 1.5 million Wisconsin residents live in rental housing. In some of the State's larger cities, more than half of the residents live in rental
CONTENTS: INTRODUCTION:...3 PART ONE: Moving In...4 I. Choosing a Home...4 II. Security Deposits...5 III. Signing a Lease...5 IV. Moving In...6 PART TWO: Your Responsibilities...7 I. Paying Rent...7 II.
1 NHAS Guide to Taking Court Action for Disrepair 2 Introduction This guide is intended to assist you in taking County court action against your landlord to claim compensation for disrepair issues and/or
A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT The Association of the Bar of the City of New York Housing Court Public Service Projects Committee and The Civil Court of the City of New York Fern A.
Renting a home A guide for tenants consumer.vic.gov.au Renting a home The app for renters Learn your rights and responsibilities as a renter, understand condition reports, contact your agent and more all
MOVERS Renting and you A guide for landlords and tenants ƨinside ƨ All about money Rights and responsibilities Sorting things out Boarding houses Carpenter/ plumber MB 12508 www.tenancy.govt.nz 0800 TENANCY
YOU AND YOUR LANDLORD A ST. LOUIS AREA GUIDE TO TENANT RESPONSIBILITIES AND RIGHTS Log onto https://www.courts.mo.gov/casenet/base/welcome.do for direct access to court records involving landlord-tenant
The Alaska Landlord & Tenant Act: what it means to you This publication summarizes landlord and tenant rights and obligations under Alaska law. In accordance with Alaska Statute (AS) 44.23.020(b)(9), it
Small Claims Handbook A Guide for Non-Lawyers Spring 2011 Revision Published by the Colorado Judicial Branch Written by Diane Vaksdal Smith, Esq. Originally published by the Denver Bar Association This
5 Celebration Avenue East Village London E20 1DB getlivinglondon.com ASSURED SHORTHOLD TENANCY AGREEMENT (COUNTERPART)(ORIGINAL) WITH DEPOSIT PROTECTION FROM THE DISPUTE SERVICE FOR THE PREMISES AT Property
Government of Western Australia Department of Commerce Consumer Protection Renting out your property a lessor s guide irentwa A guide that explains your rights and responsibilities since the 2013 changes
Standard terms and conditions For small and medium enterprises (SMEs) including micro businesses. Effective from 31 March 2014 Helping our customers. We re on it. 1 Contents Section 1 Taking over premises
When disaster strikes - cyclones, 1 Contents How can this guide help me?...3 How do I make an insurance claim?...4 I need urgent financial assistance can my insurance payout be fast-tracked?...9 When will
NZI Echelon Home POLICY NZI echelon HOME POLICY WELCOME Thank you for giving Lantern the opportunity to help you protect the things that matter. We ll do our best to support the choice you ve made by providing
Your Right to Buy Your Home: A guide for tenants of councils, new towns and registered social landlords including housing associations July 2014 Department for Communities and Local Government Crown copyright,
Retainer Agreement and Information Personal Injury Contingent Fee This document is a supplement to practicepro's managing the finances of your practice booklet. It reviews the steps you can take to better
1 A Resident s Guide CONDOMINIUM OWNERSHIP WHAT YOU NEED TO KNOW Audrey M. Loeb, LSM LL.B., LL.M., ACCI Offices in Toronto, Markham, Guelph, London and Kitchener-Waterloo. Added experience. Added clarity.
Personal Banking Bank Account Conditions. Applicable from 30 July 2015. Bank Account Conditions. This booklet contains the general conditions that apply to our personal bank accounts and some related services.
What to expect from your new home New Home Limited Warranty and Performance Standards Relax. 2 You ve made the right decision by choosing Pulte Homes. You are now the proud owner of an exceptionally well-crafted
Factsheet 48 April 2015 Inside this factsheet Eligibility for, a means-tested benefit paid to people who are 62 ½ years old or over in addition to their State Pension This age is gradually increasing in
L E A S E T HE L EASEHOLD A DVISORY S ERVICE COMMONHOLD AND LEASEHOLD REFORM ACT 2002 THE RIGHT TO MANAGE Contents The right to manage (RTM)... 3 Introduction Preparation... 3 Qualification for RTM The
10 Devastating Mistakes That Can Destroy Your California Accident Case And What To Do About Them. Copyright 2012 by Glenn S. Guenard & B. Ross Bozarth All rights reserved. No part of this book may be used
ROAD TRAFFIC ACCIDENT Client Information Pack This pack provides general guidance about your road traffic accident claim and brief details about funding your case. To read about the service standards you