Landlord Wins Eviction Case Against Tenants in Arrears - Bellamere Developments Inc. v Shields
LTB Rules in Favor of Landlord in $35000 Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1316 Gainsborough Road, London, ON N6H5K8
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Dec 2021
Order Date
Jan 7, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord 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.
Determinations
- Landlord is not holding a last month's rent deposit
- Landlord's attempts at negotiating a repayment agreement were unsuccessful
- Lawful monthly rent is $1,500.00
- Tenants are in possession of the rental unit
- Tenants have made no payments since the application was filed
- Tenants have not paid the total rent they were required to pay for the period from January 15, 2020 to January 14, 2022
Case Study
The Tenants intended to raise issues pursuant to section 82 of the Residential Tenancies Act, 2006, but were not allowed to do so as the Landlord was not informed and therefore unprepared to respond to the allegations. The Tenants' request for an adjournment to speak with Duty Counsel was also denied, as the Notice of Hearing provided sufficient time for the Tenants to seek legal advice prior to the hearing.
Arguments and Actions
Landlord
Actions
Landlord sent letters to the Tenants on the necessity of a repayment agreement. The Landlord's attempts at negotiating a repayment agreement were unsuccessful.
Tenant
Actions
Tenants have resided in the rental unit for 12 years, with their adult son. The Tenants, who also run a business from the rental unit, stated that their business was impacted by the pandemic, but they hoped for a turn around in the new year.
Procedural Errors
Tenants intended to raise issues pursuant to section 82 of the Residential Tenancies Act, 2006, but were not allowed to do so as the Landlord was not informed and therefore unprepared to respond to the allegations.
Decision Summary
The tenancy is terminated effective January 18, 2022. The Tenants must pay the Landlord $35,000.00, which represents the rent arrears and additional costs. If the Tenants do not pay the full amount by January 18, 2022, they will start owing interest and the Landlord can file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$29,831
Application Fee
$186
Damages
$5,869
Total Owing
$35,000 (Owed to Landlord)
Source
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