D.R.L.H.C. v D.K. and M.H.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: D.R.L.H.C. v D.K. and M.H., 2017 CanLII 70090 (ON LTB)
File Number: TEL-82667-17-SA
Timeline
Application Date
Jan 2017
Hearing Date
Aug 2017
Order Date
Sep 7, 2017
Decision
The Board denied the Tenants' motion to set aside the eviction order, finding it would be unfair to do so as the Tenants could not afford the market rent and had repeatedly breached the terms of the mediated agreement. The stay of the eviction order was lifted immediately.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the parties reached a mediated agreement on January 27, 2017 regarding a previous application, but the Tenants failed to comply with the terms of the agreement.
Determinations
- Tenants acknowledge breaching mediated agreement
- Tenants lived in unit for 8 years, main income is social assistance
- Tenants failed to provide income verification information by deadline
- Tenants repeatedly breached repayment plan in mediated agreement
- Tenants have not paid full market rent since May 1, 2017
- Landlord repeatedly attempted to work with Tenants
- Tenants cannot afford market rent or comply with repayment plan
Landlord's Arguments
Actions and Evidence
Landlord repeatedly attempted to work with Tenants to get income verification process completed and significantly delayed eviction proceedings.
Tenant's Arguments
Arguments
Tenants believed all monies owing had been paid and asserted they had provided all required information, though this was not the case.
Actions and Evidence
Tenants failed to pay rent in full since May 1, 2017 and did not provide required income verification information.
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