Landlord and Tenant Dispute Over Rent Arrears - Interim Order
Landlord and Tenant Board issues interim order in rent dispute, addressing joint tenancy and ongoing rent payments
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 145 Ainslie Street, Cambridge, ON N1R3P4
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
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Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Apr 25, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent.
Determinations
- Tenancy is a joint tenancy, not a tenancy in common
- All four unities required for a joint tenancy are present
- Both Tenants are equally liable for any outstanding arrears, including arrears that accrued after Evan Browning vacated the unit
Case Study
The Tenants argued that the tenancy was a tenancy in common, not a joint tenancy, and that they should be treated individually. However, the Adjudicator found that the four unities required for a joint tenancy were present, and therefore this was a joint tenancy. The Adjudicator also found that since Evan Browning did not vacate the unit until after the notice was served and the application was made, both Tenants are equally liable for any outstanding arrears.
Arguments and Actions
Tenant
Arguments
The Tenants argued that the tenancy was a tenancy in common, not a joint tenancy, and that they should be treated individually.
Decision Summary
This is an interim order. The hearing was adjourned to a date to be scheduled by the LTB on an expedited basis. The Tenants are ordered to pay the ongoing rent of $1,550/month by the due date until the matter is resolved or the LTB orders otherwise. The Landlord is ordered to restore access to the laundry room to the Tenants immediately.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,550
Source
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