Landlord Wins Persistent Late Payment Case: H&R Property Management Ltd v Pierre-Louis 2024
Scarborough tenant evicted for persistent late payment of rent, ordered to pay $186 application fee
Summarized by RentZenLast updated: August 6, 2024
Case Summary
910 Antrim Cres, Scarborough, ON M1P4N3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 8, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Tenant filed a consumer proposal under the Bankruptcy and Insolvency Act, which covered the rental arrears claimed by the Landlord up to December 31, 2023.
Determinations
- Tenant filed consumer proposal under Bankruptcy and Insolvency Act
- Consumer proposal covers rental arrears up to December 31, 2023
- Tenant did not dispute persistent late payment of rent
- Board denied Tenant's request for adjournment
Case Study
The Board denied the Tenant's request for an adjournment, finding that the Notice of Hearing clearly indicated that both the L1 application for arrears of rent and the L2 application for persistent late payment of rent were before the Board. The Board found that the Tenant's consumer proposal filed under the Bankruptcy and Insolvency Act stayed the L1 application, but the Board proceeded with the L2 application for persistent late payment of rent.
Arguments and Actions
Landlord
Arguments
Landlord opposed a conditional order and sought a non-voidable termination of the tenancy.
Actions
Landlord's representative stated that the Tenant has been receiving pay but has not made any rent payments since July 2023.
Tenant
Arguments
Tenant's representative argued that a conditional order was warranted given the Tenant's disability and family circumstances.
Actions
Tenant testified that he suffered a serious workplace injury, was diagnosed with cancer, and went through a family separation, which contributed to his financial hardship and late rent payments.
Decision Summary
The Board terminated the tenancy effective February 29, 2024 due to the Tenant's persistent late payment of rent. The Tenant was ordered to pay the Landlord $186 for the application filing fee. If the Tenant does not pay the full amount by February 19, 2024, the Tenant will start owing interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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