LandlordEzy

Tenant claims unit is uninhabitable — what triggers a rent abatement?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
Scenario: tenant files a T6 maintenance application claiming the unit has been uninhabitable for months. They're seeking rent abatement.

What does the LTB look at, and what's a reasonable abatement percentage?

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OLH Property Management 📌 Pinned ·
T6 abatement awards depend on three things: severity of the maintenance failure, how long it lasted, and what the landlord did about it.

**Severity tiers (rough LTB framing):**

- **Critical (50-100% abatement):** No heat in winter, no water for days, dangerous mold, vermin infestation that drove the tenant out
- **Major (20-50%):** No hot water, partial loss of rooms, persistent leaks, broken main appliance, security issues
- **Moderate (5-20%):** Window broken in summer, intermittent appliance issues, cosmetic issues affecting use
- **Minor (under 5%):** Slow drain, paint, small visual defects

**What strengthens the tenant's case:** documented notices to the landlord (Form S1 service requests), photos with dates, contractor estimates, medical records if health was affected, multiple witnesses, time-stamped recordings.

**What strengthens the landlord's defense:**
- Records of every maintenance call, dispatch, completion
- Proof of inspection / contractor visits
- Tenant denial of access (if applicable — get it in writing)
- Quick remediation timelines

**Reality check:** the LTB also looks at what the tenant did. A tenant who didn't notify the landlord, didn't grant access, or denies entry significantly weakens their abatement claim.

If you're being served a T6: respond on time, preserve all maintenance records, photograph the unit's current state, request the tenant's evidence package in advance of the hearing.

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