Landlord Wins Personal Use Case: Kandiah v Dosaj 2024
Brampton landlords evict tenants for personal use, tenants owe $1413 for unpaid utilities
Summarized by RentZenLast updated: August 6, 2024
Case Summary
136 Thorndale Rd, Brampton, ON L6P0Z6
Decision in favor of
landlord
Balance Owed to Tenant
-$1,468
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jul 26, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord served valid N12 notice
- Landlord in good faith requires possession for own residential occupation and child's occupation for at least one year
- Landlord made reasonable efforts to pay compensation before termination date
- Tenant failed to pay utility costs as required under tenancy agreement
- Landlord incurred $1,413.00 in reasonable out-of-pocket expenses due to unpaid utility costs
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation, and the occupation of their child for a period of at least one year. The Landlord made reasonable efforts to pay compensation before the date of termination specified in the N12 notice of termination, but the compensation has not been paid to the date of the hearing. The Tenant acknowledges that they failed to pay heat, electricity and/or water costs that they were required to pay under the terms of the tenancy agreement totaling $1,413.00 and that as a result the Landlord has incurred or will incur reasonable out-of-pocket expenses of $1,413.00.
Arguments and Actions
Landlord
Actions
Landlord and their child, Gajan Ramachandran, intend to move into the rental unit once it is vacated. They are currently living with the Landlord's son-in-law, daughter and 2 of their grandchildren. The house is a 4 bedroom home, and is crowded. This situation is causing strife between the family members, and that strife is beginning to affect the children more and more. The Landlord believes moving into a separate home and giving all members of the family more space will give the family peace.
Tenant
Arguments
Tenant asks for postponement of the eviction to December 31, 2024 based on their circumstances, or alternatively as long as possible.
Actions
Tenant Ritu Dosaj is experiencing serious mental health issues and the thought of moving is very stressful for her. Tenant Rajeev Dosaj finds it difficult to find the time to search for new housing and pack up the rental unit while taking care of his wife and working.
Decision Summary
The tenancy is terminated effective August 31, 2024. The Tenant must move out on or before August 31, 2024. The Tenant shall pay the Landlord $1,413.00 for unpaid utility costs. The Landlord owes the Tenant $1,468.32, which is the amount by which the rent deposit and interest the Landlord owes on the rent deposit exceeds the amount the Landlord is entitled to as of the date of the hearing, plus the $2,800.00 credit for July's rent provided by the Landlord as compensation owed.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
82.3%
Tenant Favorable
11.8%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$2,800
Rent Deposit
$2,800
Deposit Interest
$81
Other Owed Amount
$1,413
Unpaid utility costs
Total Owing
-$1,468 (Owed to Tenant)
Source
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