Is a tenant entitled to a reduction in the amount owing under the terms of a landlord's contract for failure to provide adequate water and/or heating services?
Saskatchewan, Canada
The following excerpt is from R. & A Rentals Ltd. v. Accents Plus Inc. and Mousa, 1990 CanLII 7551 (SK QB):
I conclude, however, the tenant did not receive what it bargained for and is entitled to a reduction by way of damages. This is immensely difficult and may amount, largely, to guesswork Martin v. Haack, 1927 CanLII 57 (SCC), [1927] S.C.R. 413. I would conclude that the damage to the defendant business by the failure of the landlord for heat failure and water problems would amount at least to 25% of the amount owing under the contract.
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