Landlord's Eviction Application Dismissed: Centurion v Kentebe
Landlord's eviction application dismissed as tenant had already vacated prior to filing
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 83 St. George Street, London, ON N6A2Z6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jun 2021
Order Date
Nov 25, 2021
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The application was initially resolved by an order issued on July 8, 2021. The landlord then requested a review of that order.
Determinations
- Landlord did not have reasonable opportunity to participate in initial hearing due to Board error
- Tenant vacated rental unit on December 12, 2020
- Landlord filed application on January 19, 2021 when tenant was no longer in possession
- Application is statute barred under Section 87(1)(b) of the Residential Tenancies Act, 2006
Case Study
The landlord's review request was granted due to a serious error in the proceedings. The landlord did not have a reasonable opportunity to participate in the initial hearing. The tenant vacated the rental unit on December 12, 2020, prior to the landlord filing the application on January 19, 2021. Since the tenant was not in possession of the rental unit at the time the application was filed, the application is statute barred.
Arguments and Actions
Landlord
Arguments
Landlord is seeking arrears to February 5, 2021 as that is the day they inspected the unit and found it empty.
Actions
Landlord discovered the rental unit empty on February 5, 2021 and claims the tenant never provided a Notice of Termination or returned the keys.
Procedural Errors
Due to Board error, the landlord did not have a reasonable opportunity to participate in the initial hearing.
Tenant
Actions
Tenant vacated the rental unit on December 12, 2020.
Decision Summary
The landlord's application is dismissed. The tenancy was terminated by agreement around December 12, 2020, prior to the landlord filing the application. Since the tenant was not in possession of the rental unit at the time the application was filed, the application is statute barred.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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