Landlord and Tenant Reach Agreement in Barrie Rent Dispute: Keith Bagg v Noah Lutka-Macdougall 2023
Barrie landlords and tenants reach agreement to avoid eviction for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 48 Ottaway Ave, Barrie, ON L4M2W9
Dispute resolved in
agreement
Balance Owed to Landlord
$11,908
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Jun 2023
Order Date
Jun 26, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
- Lawful rent is $2,400.00 per month
- Tenants paid $2,889.53 since application filed
- Rent arrears owing to June 30, 2023 are $11,722.15
- Landlord incurred $186.00 in filing costs
- Total amount owed to Landlord is $11,908.15
- Landlord holds $2,400.00 rent deposit
Case Study
The Tenant requested relief from eviction by way of a payment plan. According to the Tenant, he fell into financial difficulties because the Family Responsibility Office continued to deduct money from his income after his child became an adult. He is to receive approximately $20,000.00 in overpayments. He is also applying for Ontario Disability Support Plan Benefits, which, if granted, would amount to $1,750.00 per month. The Tenant has recently secured a job which can accommodate his health issues. According to the Tenant, the job pays $3,000.00 to $4,000.00 per month. The Tenant's son contributes $800.00 to the monthly rent.
Arguments and Actions
Tenant
Arguments
The Tenant requested relief from eviction by way of a payment plan.
Actions
The Tenant fell into financial difficulties because the Family Responsibility Office continued to deduct money from his income after his child became an adult. He is to receive approximately $20,000.00 in overpayments. He is also applying for Ontario Disability Support Plan Benefits, which, if granted, would amount to $1,750.00 per month. The Tenant has recently secured a job which can accommodate his health issues. According to the Tenant, the job pays $3,000.00 to $4,000.00 per month. The Tenant's son contributes $800.00 to the monthly rent.
Decision Summary
The Tenant requested relief from eviction by way of a payment plan. The Landlord's application for an order to terminate the tenancy and evict the Tenants due to non-payment of rent is granted, subject to the Tenants making the payments set out in the order. If the Tenants fail to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Lawful Rent
$2,400
Rent Arrears
$11,722
Application Fee
$186
Rent Deposit
$2,400
Total Owing
$11,908 (Owed to Landlord)
Source
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