BH Realty Ltd. v Lima and Henry

Last updated: July 26, 2024

Order

Ordered by Michelle Tan,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: November 19, 2021
*** Briarhill Avenue, London, ON N5Y 4V8
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (L4)
ContentionModerate

Agree with the ruling?

Citation: BH Realty Ltd. v Lima and Henry, 2021 CanLII 144270 (ON LTB)

File Number: SWL-55784-21

Timeline

Hearing Date

Nov 2021

0 days

Order Date

Nov 19, 2021

11 days

Tenancy End Date

Nov 2021

Decision

The tenancy is terminated effective November 30, 2021. The Tenants must pay the Landlord $4,683.70, which represents the rent arrears and costs from the previous application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $50.32 per day in compensation for use of the unit starting November 20, 2021 until they vacate. If the full amount is not paid by November 30, 2021, the Tenants will owe interest at 2% annually on the outstanding balance.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet the conditions specified in a previous hearing order, including not paying rent arrears and current rent by the due dates.

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Determinations

  • Tenants did not pay $1,575.00 in arrears by October 1, 2021
  • Tenants did not pay monthly rent by October 1, 2021
  • Landlord is entitled to request order for payment of arrears and compensation
  • Previous order SWL-51888-21 is cancelled
  • Tenants have failed to pay full rent from September 1, 2021 to October 31, 2021
  • Landlord holds a rent deposit of $1,530.61
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenants failed to pay rent arrears and current rent by the due dates specified in the previous hearing order.

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