5 Linwood Holdings v Adams - LTB Approves Repayment Plan for Rent Arrears
Cambridge tenants avoid eviction by agreeing to repayment plan for $7323 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
5 Linnwood Ave, Cambridge, ON N1R1V2
Dispute resolved in
agreement
Balance Owed to Landlord
$7,323
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2022
Hearing Date
Apr 2023
Order Date
Apr 19, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to non-payment of rent and persistent late payment of rent. The tenants owed $7,323.27 in rent arrears and costs up to the end of April 2023.
Determinations
- Tenants owe $7,323.27 in arrears and costs
- Tenants have been persistently late paying rent
- Repayment plan is reasonable given 10-year tenancy
Case Study
The tenant requested an adjournment, but it was denied considering the fact that the landlord filed the application nearly a year ago and the tenant did not dispute the amount owed. The tenant requested a repayment plan, which the adjudicator found to be reasonable given the 10-year tenancy. The adjudicator also found the tenants have been persistently late paying rent, and the repayment plan will ensure the tenants pay the lawful rent in full and on time if they comply with the conditions.
Arguments and Actions
Tenant
Arguments
Tenant requested an adjournment claiming his computer died on March 25, 2023 and he could not prepare for the hearing.
Decision Summary
The tenants are ordered to pay the landlord $400 every Friday, starting April 7, 2023, until the entire balance of $7,323.37 is paid in full. If the tenants fail to make any one of the payments, the outstanding balance will become immediately due and owing, and the landlord may apply to the LTB for an order terminating the tenancy and evicting the tenants.
Reason for Eviction Relief
Considering the circumstances presented by the Tenant at the hearing and the fact this has been a 10-year tenancy, the request for a repayment plan was found to be reasonable.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$1,189
Rent Arrears
$7,323
Total Owing
$7,323 (Owed to Landlord)
Source
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