LD23-414

Tenant application · repairs. Outcome: partial. A. The Landlord shall pay the Tenant $2,500.00 on or before September 30, 2023. B. The Landlord shall replace the damaged interior ceiling within 60 days of this order. C. Rent for the Residential Property shall be set at $744.00 per month until the steel roof installation is com

Linked prior order: LD23-112

Order text

Orders of the Director of Residential Tenancy
Docket 23-503 September 6, 2023
Introduction
[1] On July 10, 2023, the Tenants filed a Tenant Application to Determine Dispute (Form 2A) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application is seeking the following remedies:
 enforcement of Order LD23-112; and  a return of rent in the amount of $7,464.00
[2] The particulars of the Application state,
Roof Leaking since move in (Nov 2022) Court Order since March 2023 – Roof and Ceiling 6 Months return of rent
[3] Order LD23-112 (“the Order”) required the Landlord to make repairs forthwith to the ceiling and roof of the rental property as it was heavily leaking on an ongoing basis, including to such an extent that it would fill buckets and the Tenant lost temporary custody of a child due to the condition of the premises.
[4] On August 24, 2023, a teleconference hearing of the dockets was held before a Residential Tenancy Officer (the “Officer”). Both the Tenant and the Landlord participated.
Issue to be Decided
i. Is the Tenant entitled to a return of rent?
Summary of the Evidence
[5] On or about mid-October, 2022, the Landlord and the Tenants entered into a rental agreement for the Premises which remains ongoing. The Premises are situated in a one half duplex. Rent is $1,244.00 due on the first day of the month. A security deposit of $622.00 was required and paid.
Tenant’s Evidence and Submissions
[6] The Tenants’ evidence is summarized as follows. The Tenant stated that she wants the roof and ceiling fixed. The Tenant stated that following the Order nothing happened until June 14th when she contacted the Landlord. The Tenant stated that the Landlord said that someone would be there the next week but that the contractor was a no-show and for this reason she filed the enforcement application on July 10th. The Tenant testified that the roof was repaired, albeit unsuccessfully, on August 5/6 almost 9 months after her filing the original application. The Tenant also stated that this has cost her time off work, denied child custody time, and that this has been a constant run around.
The Tenant also testified that she has been frightened to bring up issues of the leaking out of fear of eviction.
[7] When queried by the Rental Officer the Tenant described the ongoing issues as leaking in two different spots on a consistent basis which has come through the ceiling (via the roof) and causes a large pool of water on the floor. The Tenant stated that this pool of water has damaged the floor and that during periods of heavy rain she has to stay home to minimize the damage. The Tenant stated that there is also water damage in the ceiling.

Orders of the Director of Residential Tenancy

[8] The Tenant provided photo evidence of the pooling water and damaged ceiling. The Tenant also provided a report by an Environmental Health Officer who inspected the premises on August 8,
2023. In that report, dated August 14, 2023, the Health Officer, made observations consistent with the issues raised by the Tenants in this matter, and required “repair or replacement of the aged and damaged roof shingles”.
Landlord’s Evidence and Submissions
[9] The Landlord’s evidence is summarized as follows. The Landlord’s representative stated that they didn’t attend the initial hearing because they thought the roof was fully repaired – having made repairs on November 7, 16, and 24. The Landlord’s representative stated that repairmen were also up on the room on January 16 (after notice of a leak on January 13) and February 19. The Landlord’s representative stated that there would be months pass without infiltration despite heavy rains. The Landlord’s representative stated that they can only fix when they are notified and that they are doing the best that they can, including trying to locate the leak and tar the shingles because a new roof isn’t cost effective. The Landlord’s representative noted that post-Fiona roofing contractors are in short supply and stated that they are in the early process of installing a steel roof including a waterproofing membrane.
[10] The Landlord’s witness, A.H., stated that he has 20 years’ experience and attended the property on a number of occasions to fix the roof with tar and new tabs. A.H. stated that every time he was notified he would go back try and solve the issue and was of the view that the roof wasn’t in that bad of shape.
Analysis
[11] The Officer notes that subsection 28.(1) of the Act states:
28. Obligation to repair and maintain
(1) A landlord shall provide and maintain the residential property in a state of repair that (a) complies with the health, safety and housing standards required by law; and (b) having regard to the age, character and location of the rental unit, makes it suitable for occupation by a tenant.
[12] The Officer notes that the Tenants proved, on a balance of probabilities, their claim(s) resulting in the Order LD23-112. The Officer finds that despite the Landlord making efforts to resolve the leak
issues brought forward by the Tenant, these remedies were virtually ineffective. The Officer places significant weight on the very recent report by the environmental health officer as well as the photographic evidence.
[13] The Officer gave consideration to the ongoing roofing contractor shortage on PEI post Fiona, the efforts by the Landlord’s roofer to solve the issue, as well as the early stages of installing a steel roof. Nonetheless, it is the Landlord’s responsibility to maintain and repair the Residential Property.
This is a statutory requirement, one that must be met throughout the tenancy agreement. The Officer therefore finds that the evidence concludes that the Landlord, despite some effort, did not meet their statutory requirement pursuant to subsection 28.(1) of the Act.

Orders of the Director of Residential Tenancy

[14] Accordingly, the Officer finds that the Application is allowed in part. The Landlord shall return and pay the Tenant $2,500.00 which is credit for partial rent May1 through September 2023 ($500.00 x 5 months). Further, pursuant to sub-subsections 85.(1)(c) and (e) of the Act, the Officer also finds that the Landlord shall reduce rent by $500.00 per month until the steel roof is fully installed. The Rental Officer also orders that the interior ceiling/drywall be replaced to remedy the water damage within 60 days of this order.
Conclusion
[15] The Application is allowed in part.
[16] The Landlord shall pay the Tenant $2,500.00 on or before September 30, 2023.
[17] Rent for the Residential Property shall be set at $744.00 per month until the steel roof installation is complete.
[18] The damaged ceiling shall be replaced within 60 days of this order.
IT IS THEREFORE ORDERED THAT
A. The Landlord shall pay the Tenant $2,500.00 on or before September 30, 2023.
B. The Landlord shall replace the damaged interior ceiling within 60 days of this order.
C. Rent for the Residential Property shall be set at $744.00 per month until the steel roof installation is complete.
DATED at Charlottetown, Prince Edward Island, this 6th day of September, 2023.
(sgd.) Jeremy Coffin Jeremy Coffin Residential Tenancy Officer
NOTICE
Right to Appeal
This Order can be appealed to the Island Regulatory and Appeals Commission (the “Commission”) by serving a Notice of Appeal with the Commission and every party to this Order within 20 days of this Order.
If a document is sent electronically after 5:00 p.m., it is considered received the next day that is not a holiday. If a document is sent by mail, it is considered served on the third day after mailing.
Filing with the Court
If no appeal has been made within the noted timelines, this Order can be filed with the Supreme Court of Prince Edward Island and enforced as if it were an order of the Court.
1 This gave the Landlord 30 days to implement Order LD23-112.