Landlord Wins Rent Arrears Case: Kanwar v Dhaliwal 2024
Brampton tenant ordered to pay $13906 in rent arrears and fees
Summarized by RentZenLast updated: August 6, 2024
Case Summary
51 Scotchmere Cres, Brampton, ON L6P3A6
Decision in favor of
landlord
Balance Owed to Landlord
$13,906
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2023
Tenancy End Date
Jan 2024
Hearing Date
Feb 2024
Order Date
Apr 5, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords applied for an order requiring Tenant to pay the rent that the Tenant owes. The Tenant alleged the N4 notice of termination was invalid as it did not name all the Tenants in the rental unit.
Determinations
- Tenant vacated the rental unit on January 31, 2024
- Tenant was in possession of the rental unit on the date the application was filed
- Landlord amended their application to an L9 application solely for arrears of rent and the filing fee
- Lawful rent is $4,500.00 due on the 1st day of each month
- Total rent arrears and daily compensation owing to January 31, 2024 are $18,400.00
- Tenancy ended on January 31, 2024 as a result of the Tenant moving out
- Landlord incurred costs of $186.00 for filing the application
- Landlord collected a rent deposit of $4,500.00 from the Tenant
Case Study
The Landlord served an N4 Notice of Termination dated May 30, 2023 on the Tenant Jashanjot Singh Dhaliwal. The Landlord testified that the sole Tenant was Jashanjot Singh Dhaliwal and therefore the N4 Notice of termination was valid as it was served on all Tenants. The Tenant's representative submitted that Dipanshi Rishi was a Tenant, but the evidence showed that Ms. Rishi was an occupant and not a Tenant.
Arguments and Actions
Tenant
Arguments
Tenant alleged the N4 notice of termination was invalid as it did not name all the Tenants in the rental unit.
Actions
Tenant vacated the rental unit on January 31, 2024.
Decision Summary
The Tenant shall pay to the Landlord $13,905.75, which includes rent arrears owing up to January 31, 2024 and the cost of the application, less the rent deposit and the interest owing on the rent deposit. If the Tenant does not pay the Landlord the full amount owing on or before April 16, 2024, the Tenant will start to owe interest.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$4,500
Rent Arrears
$18,400
Application Fee
$186
Rent Deposit
$4,500
Total Owing
$13,906 (Owed to Landlord)
Source
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