Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Monies to be paid
-
Agree with the ruling?
Hearing Date
Jan 2022
Order Date
Feb 10, 2022
The Tenant's request for review was granted. The original order (SWL-48689-21) issued on October 19, 2021, was cancelled and replaced. The Landlord's application was dismissed due to incorrect rent calculations and lack of evidence supporting claimed rent increases.
Landlords applied for eviction due to non-payment of rent. The initial order was issued on October 19, 2021. Tenant requested a review, alleging serious errors in rent calculations. The review hearing found that the original order contained errors in rent arrears calculations stemming from incorrect rent amounts on the N4 Notice.
The Landlord argued that the monthly rent was subject to lawful yearly rent increases since 2018.
Landlord's Representative claimed to have served yearly rent increase notices by placing them in the Tenant's mailbox, but provided no evidence to support this claim.
Landlord failed to provide evidence of lawful rent increases and used incorrect rent amounts in the N4 Notice and L1 application.
The Tenant argued that the calculations in the N4 Notice of Termination were incorrect due to the Landlord indicating the wrong amount for monthly rent.
Tenant provided evidence, including emails between the Landlord's property manager and the housing subsidy program, confirming that the monthly rent had never increased since the tenancy began in 2018.
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Gloucester tenants face eviction for $22,257.05 in unpaid rent, given until January 31, 2025 to vacate.
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