Landlord Wins Dispute Over Tenant's Frivolous Application: CB v GH 2016
Tenant's frivolous LTB application dismissed, ordered to pay $300 in costs
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2016
Tenancy End Date
Feb 2016
Order Date
Jul 4, 2016
Dispute Summary
Tenant applied for orders related to assignment/sublet, harassment, reduction in service/facility, and maintenance issues. Landlord also filed an application for termination due to rent arrears.
Determinations
- Tenancy agreement signed on 2015-08-17, term started 2015-08-14, rent $2,100/month
- Tenant stopped paying rent on 2015-12-15, filed application on 2015-12-22
- Landlord served N4 notice on 2016-01-06, termination date 2016-01-21
- Tenant vacated unit on 2016-02-11, prior to first scheduled hearing
- Tenant failed to provide disclosure by 2016-03-04 as required
- Tenant's application was frivolous and vexatious, wasted Board's resources
Case Study
The Tenant's application was disorganized, unfocused and contained distortions and untruths. The Landlord addressed the maintenance issues promptly, and the Tenant failed to prove the other allegations.
Arguments and Actions
Landlord
Arguments
Landlord alleged Tenant's application constitutes an abuse of process and requested costs.
Tenant
Actions
Tenant stopped paying rent starting 2015-12-15 and filed application on 2015-12-22.
Procedural Errors
Tenant failed to provide disclosure by 2016-03-04 as required.
Aggravating Factors
Tenant's application was disorganized, unfocused and contained distortions and untruths.
Decision Summary
Tenant's application dismissed. Tenant ordered to pay $300 to the Board for wasting its resources.
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Financial Details
Lawful Rent
$2,100
Administrative Fine Payable to LTB
$300
Fine Payable By: Tenant
Source
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