Landlord Wins Rent Dispute Appeal: Foo v Mohammadi 2021
Landlords awarded costs after tenant's unreasonable appeal of Richmond Hill non-payment order
Summarized by RentZenLast updated: July 26, 2024
Case Summary
33 Holly Drive, Richmond Hill, ON L4S2N9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Apr 2021
Order Date
Jun 21, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on September 8, 2022, prior to the hearing date.
Determinations
- Tenant had reasonable ability to attend November 23, 2020 hearing
- Tenant's claim of serious error in order was not substantiated
- Tenant provided false evidence regarding rent payment
- Tenant's conduct was unreasonable and caused undue expense and delay
Case Study
The Tenant's claims of not being reasonably able to participate in the November 23, 2020 hearing and the order containing a serious error were both denied. The Tenant was found to have been aware of the hearing date and provided false evidence regarding a rent payment, which caused unnecessary delays and costs.
Arguments and Actions
Landlord
Arguments
Landlords argued the Tenant's review request was an abuse of process and requested costs.
Actions
Landlords provided evidence that they diligently informed the Tenant of the hearing date and that a rent payment cheque was returned NSF.
Tenant
Arguments
Tenant claimed there was a serious error in the previous order regarding the amount of rent arrears.
Actions
Tenant testified that he did not receive the Notice of Hearing, but evidence showed he was informed of the hearing date.
Aggravating Factors
The Tenant provided false evidence and made claims in bad faith, causing unnecessary delays and costs.
Decision Summary
The request to review the previous order was denied. The previous order remains unchanged. The Tenant is ordered to pay the Landlords' attendance and preparation costs of $500 by July 2, 2021, or interest will start accruing.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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