COVID-19 Announcement
RE: ESSENTIAL SERVICES

Ranger Paralegal Service is an essential service, available for business, while operating in accordance with Order issued by the Premier of Ontario, and is practicing and encouraging social distancing measures for the safe health of all persons. Learn More [61] Essential services include professional and social services that support the legal and justice system;
[65] Professional services including lawyers and paralegals, engineers, accountants, translators.
Order of the Premier of Ontario | March 23 2020 8:00PM

 


What Happens If a Landlord Turns Off a Non-Essential Gas Fireplace?

A Legacy Amenity That Was Historically Included, Even If Absent From the Lease Terms, May Become An Implied Term of the Lease As Per the Estoppel by Conduct Principle. Withdrawal of a Legacy Amenity Is Usually Unlawful.
Similar Questions About Withdrawal of Amenities Include:

  • Can a Landlord Reduce Free Parking From Two Down to One?
  • If Patio Furniture Was Always There Can a Landlord Take It Away?
  • Can a Landlord Close Up a Decorative Fireplace?
  • Is a Landlord Allowed to Start Charging For Using a Storage Shed?
  • What Happens If a Landlord Wants to Start Charging For An Air-Conditioner Fee?

A Helpful Guide on How to Determine If Withdrawing a Legacy Amenity or Legacy Service is Unlawful

Tenancy Lease Agreement That Is Silent About Various Services A service historically provided to a tenant is a legacy service or amenity. Examples include parking, storage shed, fenced yard, laundry facilities, trash dumpster, various utilities, and many others. Often whether such service or amenity is included within the tenancy arrangement is absent, meaning silent, within the lease agreement, if any. In the absence of lease terms, or even when such was provided despite a contrary lease term, whether the service or amenity must remain available may be determined by review of conduct.

As per the case of P.T. v. V.R., et alCET-74735-18 (Re), 2018 CanLII 88578 (ON LTB) it was said by the Landlord Tenant Board that:

11.  The issue for me to consider here is whether the Landlords have substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household by the male Landlord demanding the Tenant and her guests obtain his permission for them to park in the two unassigned spaces she has had the use of for about 4 years before September 2016 and arranging to have the Tenant’s daughter’s car and the Tenant’s guest’s car ticketed.

12.  The lot survey submitted by the Landlord indicates that there is plenty of space to park along the eastern side of the Landlords’ house without encroaching on the right-of-way that is a dead end.

13.  Indeed, the photograph of a car parked beside the Landlords’ house shows it is not on the right-of-way and yet that was where the Tenant’s daughter apparently was parked when she was boxed in for 3 hours by the male Landlord in late January 2018. The male Landlord called the City parking enforcement division to have the Tenant’s daughter’s car ticketed but because she was present the enforcement officer refused to do so.

14.  The lease is silent on the issue of parking by the Tenant’s guests or occupants. However, examination of the parties’ conduct suggests that there was a long-standing and until fairly recently uncontested practice of the Tenant’s guests parking on the property.

15.  In Feather v. Bradford (Town), the Ontario Court of Appeal succinctly set out the general principles of estoppel by conduct as follows:

[56] The general principle of estoppel by representation is aptly stated in Jill E. Martin, Hanbury and Martin: Modern Equity 16th ed. (London: Sweet & Maxwell, 2001), at p. 891:

[A] person who makes an unambiguous representation, by words, or by conduct, or by silence, of an existing fact, and causes another party to act to his determent in reliance on the representation will not be permitted subsequently to act inconsistently with that representation. [Emphasis added.]

16.  Through their conduct the Landlords permitted the Tenant the right to unassigned parking spaces for her car and that of her guests. Having relied upon that representation, the male Landlord is estopped from claiming authority to revoke this right four years later.

17.  Consequently, I also find for at least the past year the Landlords have substantially interfered with the reasonable enjoyment of the rental unit for all usual purposes by the Tenant and the Tenant’s son while he was an occupant of the rental unit by demanding adherence to arbitrary rules with respect to parking for the Tenant and her guests, including her family members, contrary to a long established practice whereby the Tenant’ has two parking spots to use for herself and her guests and guests were able to park behind her car.

Interestingly, in addition to the finding that the landlord withdrew an amenity that was deemed included by the 'estoppel by conduct' principle, the landlord was found to have behaved in further misbehaviour for interfering in reasonable enjoyment of the rental unit due to the manner in which the landlord attempted to demand compliance with the position of the landlord.

Accordingly, when a landlord, or equally a tenant if the tables were turned and involved other facts or another specific issue, the historic behaviour may establish the parameters of what is an included amenity or service.  Once established as a legacy amenity or service, a landlord is unable to withdraw that amenity or service.

Summary Comment

A legacy amenity or service is an amenity or service that was provided or available throughout the tenancy relationship.  While the lease may be silent as to whether such is an included amenity or service, the principle of 'estoppel by conduct' indicates that a party to an agreement is unable to act in a certain way for an extended period of time and then choose to act in a contrary way.  Accordingly, a landlord is unable to provide an amenity or service and then unilaterally choose at a later date to withdraw that amenity or service.

Ranger Paralegal Service provides legal services for clients in Whitby, Courtice, Toronto, Lindsay, Pickering, among other places!

Fill out the form below to Arrange for a Consultation

Do not send confidential information through this website form.  This website is not intended to provide advice specific to your particular circumstances.  Use this website form only to arrange an introduction with a representative to discuss your particular circumstances.  Your IP Address is: 40.121.136.229

For more information, fill out the form below to send a direct inquiry to Ranger Paralegal Service

ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a Ranger Paralegal Service representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.  Your IP Address is: 3.226.243.36
Ranger Paralegal Service

138 Castlebar Crescent.
Whitby, Ontario,
L1J 7B4

P: (905) 240-7529
E: deniseranger.paralegalservice@outlook.com

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Serving:

Whitby
Port Perry
Whitby
Cobourg
Bowmanville
Toronto


Ajax
Pickering
Uxbridge
Markham
Scarborough
and much more

SSL Secured Trust https://rangerparalegalservice.ca


Animated Spinner