Landlord Wins Utility Cost Dispute: Huang v Stone 2024 ONLTB 40293
LTB Denies Tenant's Review Request in Huang v Stone Utility Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
7 Osmond Appleton Road, Markham, ON L6E1R7
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
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Timeline
Hearing Date
Apr 2024
Order Date
Jun 10, 2024
Dispute Summary
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to pay utility costs they were required to pay under the terms of the tenancy agreement. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- The Landlord's application was dismissed because the hearing member determined that the Residential Tenancies Act, 2006 does not apply.
- The Tenant submitted that there was a serious error in procedure.
- The hearing of the Landlord's application took place on April 25, 2024.
- The review request is denied.
Case Study
The hearing member determined that the Residential Tenancies Act, 2006 does not apply due to the exemption in section 5(i) of the Act, which states that the Act does not apply to living accommodation where the occupant is required to share a bathroom or kitchen facility with the owner, the owner's spouse, child or parent, and where the owner, spouse, child or parent lives in the building. The hearing member found that the Landlord's daughter and the Tenant were required to share a kitchen and bathroom, and the Landlord's daughter lived in the building.
Arguments and Actions
Tenant
Arguments
The Tenant submits that there was a serious error in procedure because they were not given advance notice of the preliminary issue and therefore, they did not have an adequate opportunity to prepare submissions or call evidence.
Procedural Errors
The Tenant was not given advance notice of the preliminary issue and did not have an adequate opportunity to prepare submissions or call evidence.
Decision Summary
The review request is denied. The order issued on May 30, 2024 is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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