Landlord Wins Rent Arrears Case: Centurion Property Associates Inc v Gosal
London tenant evicted for non-payment of rent, ordered to pay $6823 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 75 Ann Street, London, ON N6A1R1
Decision in favor of
landlord
Balance Owed to Landlord
$6,823
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2021
Tenancy End Date
Nov 2021
Hearing Date
Dec 2021
Order Date
Dec 16, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on November 8, 2021, prior to the hearing date.
Determinations
- N4 Notice was valid and complied with statutory requirements
- Tenant named on N4 Notice and L1 application
- Tenant did not pay rent owed from January 1, 2021 to November 8, 2021
- Landlord collected $739 rent deposit from Tenant
- Tenant vacated unit on November 8, 2021
- Landlord delayed in taking possession until November 26, 2021
Case Study
The presiding member had previously dismissed the Landlord's application because the N4 Notice named the Tenant along with her guarantor. However, the Board Member reviewing the order found this to be an unreasonable interpretation and application of the Residential Tenancies Act, 2006. The N4 Notice was found to comply with the statutory requirements and including the guarantor's name did not invalidate the notice.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on November 8, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective November 8, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $6,822.85 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Rent Arrears
$6,828
Application Fee
$201
Rent Deposit
$739
Deposit Interest
$0
Total Owing
$6,823 (Owed to Landlord)
Source
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