Landlord Wins Eviction Case Against Tenant Who Breached Consent Order: 111 Whitburn Holdings Ltd v Joel Dean Jude Constance 2022
Landlord Wins Eviction Case Against Toronto Tenant Who Breached Consent Order
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 111 Whitburn Crescent, Toronto, ON M3M2S6
Decision in favor of
landlord
Balance Owed to Landlord
$5,444
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2021
Hearing Date
Feb 2022
Order Date
Feb 14, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had not vacated the rental unit prior to the hearing date.
Determinations
- Arrears have almost doubled since original hearing date
- Tenant began working again in late November 2021 but continued to breach order
- Tenant breached consent order by failing to pay November 2021 rent on time
- Tenant cannot afford the rental unit
Case Study
The tenant breached the consent order by failing to pay rent on time. The tenant's ongoing defaults were not found to be reasonable, and the evidence supported the conclusion that the tenant could not afford the rental unit.
Arguments and Actions
Landlord
Arguments
Landlord opposed the tenant's motion to set aside the eviction order and submitted that the motion be denied and the stay be lifted immediately, as further arrears had accrued and the tenancy was unaffordable for the tenant.
Tenant
Arguments
Tenant sought to preserve the tenancy and proposed a repayment plan, and alternatively sought 6 months to secure alternative housing.
Actions
Tenant lost his job 4 days after the October 2021 hearing, which led to the breach of the consent order. Tenant began working again in late November 2021 but continued to breach the order until making a payment right before the February 2022 hearing.
Decision Summary
The motion to set aside the eviction order is denied. The stay of the eviction order is lifted on February 18, 2022. The Board found that the tenant's ongoing defaults were not reasonable and that the tenant could not afford the rental unit.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,110
Rent Arrears
$5,444
Total Owing
$5,444 (Owed to Landlord)
Source
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