Landlord Wins Rent Dispute Review: 97 Charlotte Street Inc. v Vos
LTB denies tenant's request to review eviction order for non-payment of rent in Brantford
Summarized by RentZenLast updated: August 6, 2024
Case Summary
97 Charlotte Street, Brantford, ON N3T2X2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Feb 16, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested a review of the order, alleging that they were not reasonably able to participate in the original proceeding and that the order contains a serious error.
Determinations
- Tenant alleged they were not reasonably able to participate in the original proceeding and that the order contains a serious error
- Tenant claimed they did not receive the Notice of Hearing and was unaware of the hearing
- Tenant's roommate was not a Tenant as the Landlord did not enter into a tenancy agreement with them
- Landlord's representative had a conversation with the Tenant on the day of the hearing
- Notice of Hearing was sent by mail and deemed received by the Tenant
- Tenant's claim about issues with mail delivery was not supported by evidence
- Tenant's claim about the rental unit being sold does not demonstrate a serious error in the order
Case Study
The LTB will only exercise its discretion to grant a review when it is satisfied the order contains a serious error, a serious error occurred in the proceeding or the requestor was not reasonably able to participate in the proceeding. Although the Tenant claimed they did not receive the Notice of Hearing, the evidence showed that the notice was sent by mail and deemed received. The Tenant's claim about issues with mail delivery was not supported by evidence. The Tenant also failed to demonstrate that the order contains a serious error.
Arguments and Actions
Tenant
Actions
Tenant claimed they did not receive the Notice of Hearing and was unaware of the hearing until they received the order in the mail. Tenant also claimed their roommate was a Tenant.
Decision Summary
The request to review the order issued on November 20, 2023 is denied. The order is confirmed and remains unchanged. The interim order issued on December 4, 2023 is cancelled, and the stay of the original order is lifted.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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