Landlord Wins Rent Arrears Case: Kingston & Frontenac Housing Corporation v Peyman
Kingston landlord prevails in $8158 rent dispute, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
212 Bagot St, Kingston, ON K7K6B7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Oct 25, 2022
Tenancy End Date
Dec 2022
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 not opposed to lifting stay and giving Tenant 2 months to find alternate accommodation
- Tenant did not receive Notice of hearing due to mailbox break-in, but Board properly served Notice
- Tenant's claim of incorrect rent arrears assessment not a serious error in the order
Case Study
The Tenant's request for review was denied. The original order issued on August 30, 2022 is confirmed and remains unchanged. The Tenant had adequate opportunity to participate in the original hearing, and the Board found no serious error in the order or the proceedings. The Landlord's internal process of determining the Tenant's rent-geared-to-income subsidy is not within the Board's authority to interfere with.
Arguments and Actions
Tenant
Actions
Tenant claimed she did not receive the Notice of hearing due to a mailbox break-in, and disputed the rent arrears amount.
Decision Summary
The request to review the order issued on August 30, 2022 is denied. The original order is confirmed and remains unchanged. The interim stay order issued on September 19, 2022 is cancelled, and the stay is lifted on December 31, 2022, giving the Tenant 2 months to find alternate accommodation.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
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