How to fix a leaky roof — and a tenancy dispute.

Seemingly small issues – like a leaky roof – can easily spiral out of control. And sometimes it can take a mediator to patch things up.

Alex*, a commercial tenant, had complained to the real estate agent that water was dripping from the ceiling. The upstairs tenant’s leaking dishwasher outlet was sending a trickle of water into Alex’s commercial kitchen downstairs.

This became an urgent problem for Alex when a food safety inspector advised that his business would be shut down due to the leak. To make matters worse, Alex

had already been behind in rent payments before COVID and was also struggling due to the pandemic conditions. He had also just missed his deadline to exercise an option for a new fixed-term lease.

Three weeks after notifying the agent of the leak, Alex was ready to sue, but instead pursued mediation on the advice of his lawyer.

Both parties wanted the tenancy to continue, so they agreed to a resolution that addressed the pre-pandemic rent, the COVID-affected rent, the terms of the next fixed-term lease – and the leaky roof.

* All names have been changed.