Landlord Wins Review of Eviction Order: Chapman v Krul 2023
LTB Denies Tenant Review of Eviction Order in Midland Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 5253 Vasey Rd, Midland, ON L4R4K3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2022
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 17, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was previously resolved by order LTB-L-029070-22 issued on February 3, 2023. The Tenants requested a review of the order.
Determinations
- No requirement to consider submissions under section 83
- Tenants did not disclose issues to raise prior to hearing
- Tenants do not disagree with arrears and costs ordered
- Tenants filed T2 and T6 applications not yet heard
- Tenants vacated rental unit on 2022-06-30
Case Study
The Tenants vacated the rental unit on June 30, 2022. The Tenants do not disagree with the amount of arrears and costs ordered by the Board. The Tenants have filed T2 and T6 applications with the Board which have not yet been heard. Should the Board find that it is appropriate for the Tenants to receive an abatement of rent, the order related to the applications will make that determination. The Tenants did not disclose any issues they intended to raise at this hearing prior to the hearing as required by the Board's Rules. As the Tenant has been terminated, there is no requirement to consider submissions under section 83 of the Act. The request to review the order is denied, and the order is confirmed and remains unchanged.
Decision Summary
The request to review order LTB-L-029070-22 issued on February 3, 2023 is denied. The order is confirmed and remains unchanged. The interim order issued on February 9, 2023 is cancelled, and the stay of order LTB-L029070-22 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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