Landlord and Tenant Board Ruling: A.G. Secure Property Management Inc. v Angela Payne

Dispute Summary

The Landlord applied for an order to terminate the tenancy and evict the Tenants and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on November 21, 2022 with respect to application CEL-04994-22-SA. The Tenants filed a motion to set aside order LTB-L-006330-23 on April 4, 2023.

Determinations

• The Landlord's Legal Representative submitted that the Tenants' arrears go back to 2020 in which there had been an agreement on consent in 2021, which led to a breach in 2022 where at the hearing the Tenants agreed with the payment plan they subsequently breached as a result.
• The Landlord's agent testified that the Tenants have not communicated to them any of their issues regarding their inability to keep up with their rent and arrears payments. The Landlord's Legal Representative does not believe the tenancy is viable due to the lack of consistent payments.
• The Tenants acknowledged the breach and testified that although they had agreed to make the arrears payments every Friday starting December 2, 2022, until April 7, 2023, the Tenants failed to make any payments in December due to the payment schedule of the Tenant's daughter.
• The Tenants testified that the total owing is now $653.39, which will be paid in full. The Tenants testified that they are on disability and that if they are evicted they will be homeless.
• The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach.

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