Limiting Laundry Access:

Question: In Ontario, can a landlord limit laundry access in a way that interferes with a tenant’s reasonable enjoyment, even if the landlord claims it is to reduce tensions?

Answer: In JD v. LD’s, 2017 CanLII 28729 (Re), the Landlord and Tenant Board held that changing laundry access in a way that materially disrupts a tenant’s reasonable enjoyment is unlawful interference, even where the landlord says the change was meant to mediate tensions between tenants, and the tenant was awarded $200 for laundry costs plus a 10% rent abatement per month for six months   If you are dealing with restricted or reduced access to shared amenities under your lease, a paralegal from Freed Legal Services can help you assess your lease terms, gather evidence (photos, messages, and witness accounts), and prepare an LTB application or response aimed at restoring access and seeking compensation   Call (800) 716-1897 to discuss your situation and book a free 1/2 hour consultation for Ontario landlord and tenant concerns.

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Decision Summary: JD v. LD'S, CET-63203-16 (Re)

The case of JD v. LD'S, 2017 CanLII 28729, provides an important decision from the Landlord and Tenant Board regarding the improper interference or disruption with the use of laundry facilities by the landlord.  The legal dispute between the landlord and the tenant arose after the landlord attempted to alter laundry facilities access despite that the lease agreement expressly stated that the tenant, JG, could access the laundry facilities twice per week by contacting the upstairs tenants.  The landlord, despite the twice per week term within the lease agreement, attempted to impose a condition that access to the laundry facilities be limted to a three-hour period, once per week, and only on Sunday.

Factual Details

In June 2016, new tenants moved upstairs.  Subsequently, LD's restricted laundry access to Sundays between 11:00AM and 2:00PM.  As JG worked in construction and needed to do laundry regularly, JG faced difficulties with the new schedule and needed to use a laundromat to supplement the unilaterally imposed once-a-week laundry access.

Decision Reasons

The Landlord Tenant Board found that the change in laundry arrangements significantly interfered with the reasonable enjoyment of the property by the tenant.  The shift to a fixed time on Sundays for laundry use represented a substantial interference compared to the previous arrangement without any time restrictions.  While the Landlord Tenant Board acknowledged that the landlord was imposing the laundry access restrictions for the purpose of mediating tensions between tenants, the Landlord Tenant Board ruled in favour of JG.

Remedy Granted

The Landlord Tenant Board granted $200.00 for laundry costs as compensation to the tenant.  Additionally, the Landlord Tenant Board awarded a rent abatement of ten percent per month for six months to the tenant.

Full Case

The official case judgment is available here: JD v. LD's, 2017 CanLII 28729

Conclusion

This decision in this case shows that even when a landlord is imposing a change in access to amenities for the purpose of relieving tensions between tenants, the imposition remains as an interference in the rights of the tenant.