Landlord Wins Rent Arrears Case: Khanna Holdings Inc. v Nicholls 2024
LTB denies tenant's request to review eviction order for non-payment of rent in Oshawa
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 66 King St W, Oshawa, ON L1H1A6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Mar 7, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Tenant alleges that the order contains a serious error, specifically that the hearing ought to have been adjourned so that he could obtain further evidence. However, the adjudicator determined that this does not constitute a serious error, as parties are expected to come prepared for their hearing and the Tenant did not request an adjournment at the hearing. The adjudicator also noted that the Tenant submitted evidence with their request to review, indicating that they are making efforts to pay off the arrears, and reminded the Tenant that they may void the order prior to March 10, 2024 or prior to enforcement.
Arguments and Actions
Tenant
Arguments
The Tenant alleges that the order contains a serious error, specifically that the hearing ought to have been adjourned so that he could obtain further evidence.
Decision Summary
The request to review order LTB-L-065475-23 issued on February 28, 2024 is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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