Parking Space Dispute:

Question: Can a tenant keep using a parking space if the lease is silent and the landlord tries to withdraw access in Ontario?

Answer: Yes, in some situations a tenant may be able to keep using parking even if the lease does not expressly mention it, especially where the landlord previously allowed parking and the tenant relied on that permission; for example, PT v. VR and LR, 2018 CanLII 88578 (Re) treated continued parking as an implied term based on estoppel by conduct, and also allowed a small rent abatement for the period of interference.  In practice, the key questions are what the landlord did over time, whether tenants or guests consistently used the space without objection, and whether the tenant can show reliance and harm when access is later removed.  If you are dealing with a parking access dispute, Ontario residential tenancy issues, or an LTB application, Ranger Paralegal Service can help you understand your options, organize the evidence (photos, notices, bylaw ticket details, witness notes), and prepare next steps; call (905) 240-7529 to book a free 1/4 hour consultation with a paralegal at Ranger Paralegal Service.

Decision Summary: PT v. VR and LR, CET-74735-18 (Re)

The case of PT v. VR, et al, 2018 CanLII 88578, addressed the dispute over, among other things, the use of parking spaces by a tenant.  As stated within the factual summary of the case, the landlords attempted to repeal permission deemed previously granted for use of parking spaces by the tenant.  The decision of the Landlord Tenant Board resulted in an Order allowing the tenant continued use of the parking spaces.  Additionally, the tenant received a small rent abatement for the period of interference in the rights of the tenant.

Interestingly, the Landlord Tenant Board decision relied upon the principle of estoppel by conduct whereas the terms of the lease itself were silent regarding use of parking spaces and thus the Landlord Tenant Board deemed, per the estoppel by conduct principle, that the previous conduct of the landlord, by permitting the use of parking spaces where the use of the parking spaces was previously relied upon by the tenant, confirmed that the use of parking spaces was intended as an implied term of the lease.

The contested legal issues involved within this case included:

• Parking Space Rights:
  The central issue was whether the tenant had the right to use parking spaces, given that the lease terms were silent on this matter.
• Principle of Estoppel by Conduct:
  The previous allowance of parking space use as provided by the landlord and the reliance by the tenant upon ithe use of parking space became a critical factor within the decision of the Landlord Tenant Board.
• Rent Abatement:
  The entitlement of the tenant to a small rent abatement as part of the broader relief granted by the Landlord and Tenant Board.

Factual Details and Decision Insights

The tenant enjoyed the use of unassigned parking for four years prior to the dispute arising with the landlord.  Subsequently, the landlord sought to withdraw access to free parking and began to call local bylaw enforcement for ticketing vehicles of the tenant or guests of the tenant.

• Estoppel by Conduct:
  The Landlord Tenant Board applied the principle of estoppel by conduct while citing the applicable precedent decision of Feather v. Bradford (Town), 2010 ONCA 440, and explaining that although the lease may lack express permission granted to the tenant for using of parking spaces, the permission to use parking spaces was deemed implied due to the consistent previous use of the parking spaces; and accordingly, it was deemed improper for the landlord to subsequently revoke the permission.
• Legal Strategy:
  The tenant found succcess in this case by effectively demonstrating that the previous conduct of the landlord, being the previous permission or permission implied by allowing parking usage without previously raising the issue, established an implied term within the lease.  This assessment of prior conduct highlights the importance of scrutinizing historical behaviour.
• Future Applications:
  The strategic approaches used, such as emphasizing previous permissions and reliance upon the previous permissions provides a legal strategy roadmap for similar cases where lease terms are ambiguous yet historical conduct indicates implied terms.

The official case judgment is available here: PT v. VR and LR, 2018 CanLII 88578

Gaining an understanding of this case can help landlords and tenants to appreciate and respect the rights, responsibilities, and duties, that exist within a residential tenancy relationship.  Explore the full official case judgment as provided above for more detailed information and specific legal arguments.

Conclusion

In summary, the decision of the Landlord Tenant Board emphasizes the application of the estoppel by conduct principle in cases where lease terms lack explicit detail regarding certain rights to use amenities and the wrongful conduct arising from interference in the right to use amenities.  This decision underscores the importance of historical conduct in defining tenant rights and may contribute to an understanding of the likely outcome of future cases with similar circumstances.  Strategic understanding and informed decision-making can significantly assist in managing related legal challenges.