Last updated: September 12, 2024
Ordered by Greg Joy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Citation: 23 Lynnwood Holding Inc. v Eileen Smith, 2023 ONLTB 35148
File Number: LTB-L-003064-23-SA
Hearing Date
Apr 2023
Order Date
May 9, 2023
The motion to set aside Order LTB-L-003064-23, issued on August 16, 2022, is granted. Order LTB-L-003064-23, issued on August 16, 2022, is set aside and cannot be enforced.
The tenant's rent is paid directly from the City of Brantford to the landlord, so it would be unreasonable to terminate the tenancy if the landlord is in fact receiving the rent on or before the 1st day of each month.
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants did not meet a condition specified in the order issued by the LTB on August 16, 2022 with respect to application SOL27227-22. The tenant filed a motion to set aside order LTB-L-003064-23.
The tenant testified that after the previous hearing she spoke to her worker about the rent being paid directly to the landlord. The tenant further testified that she will ask the City to have the rent paid by direct deposit to avoid any late payments.
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