Bhogal v Meloche: Tenant Eviction for Non-Payment of Rent
Tenants lose review request, ordered to pay $17000 in rent arrears after failing to receive initial hearing notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1950 Manning Rd, Tecumseh, ON N8N2L9
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Oct 2023
Tenancy End Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants requested a review of the original order, claiming they did not receive notice of the initial hearing.
Determinations
- Notice of hearing mailed but potentially not received
- Shared mailbox complicates notice delivery
- No evidence tenants were aware of hearing date
- Review request granted
- Matter to be heard de novo
Case Study
Review granted due to lack of evidence that tenants received hearing notice, despite notice being mailed to rental unit.
Arguments and Actions
Landlord
Actions
Served N4 Notice for non-payment of rent
Tenant
Arguments
Attempted to raise maintenance issues under Section 82
Actions
Tenants did not pay rent and vacated unit on June 30, 2024
Procedural Errors
Failed to comply with Board's notice and disclosure requirements
Decision Summary
Review of original order granted. Tenancy terminated as of June 30, 2024. Tenants ordered to pay $16,999.50 in rent arrears and application fees, with interest to start on September 8, 2024 if not paid.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,850
Rent Arrears
$16,814
Application Fee
$186
Total Owing
$17,000 (Owed to Landlord)
Source
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