Landlord's Application Dismissed: Defective Notice and Incorrect Tenant Identification
Landlord's eviction application dismissed due to defective notice and incorrect tenant identification
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2500 Brant Street, Burlington, ON L7P4L9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2020
Hearing Date
Mar 2021
Order Date
May 4, 2021
Dispute Summary
The landlord, DMS Property Management Ltd, applied for an order to terminate the tenancy and evict the tenants, Chad Boucher and Shelby Gilbertson, due to persistent late payment of rent. However, the application was confusing as the actual owner of the property was SI 2500 Brant Inc., and Shelby Gilbertson was not a tenant of the unit since 2017, with Celeste Payette being the actual tenant since then.
Determinations
- Confusion over the actual landlord
- Shelby Gilbertson not a tenant since 2017
- Celeste Payette the actual tenant since 2017
- Notice of termination fatally defective
Case Study
The notice of termination was fatally defective as it did not properly identify the tenants. Additionally, Shelby Gilbertson was not a tenant of the unit since 2017, and the actual tenant was Celeste Payette.
Arguments and Actions
Landlord
Procedural Errors
The notice of termination was fatally defective as it did not properly identify the tenants.
Decision Summary
The application is dismissed due to the notice of termination being fatally defective and Shelby Gilbertson not being a tenant of the unit since 2017.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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