Tenant Granted Second Chance in Brantford Rental Dispute: Lady Brantford Ltd. v Hill 2024
Brantford tenant with disability avoids eviction after breaching prior LTB order, granted second chance to rectify issues
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 19 Iroquois St, Brantford, ON N3S6N8
Decision in favor of
tenant
Balance Owed to Landlord
$1,478
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Mar 27, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to comply with conditions specified in a prior order, including failure to pay damages and maintain the rental unit in an ordinary state of cleanliness.
Determinations
- Prior order was a consent order to terminate tenancy for substantial interference and damages
- Prior order required Tenant to pay damages and maintain cleanliness
- Tenant breached prior order by failing to pay $200 by Nov 1, 2023 and failing to maintain cleanliness
- Tenant has since paid the $200 and is working to address cleanliness issues
- Tenant has reasonable explanation for breaches and a plan to rectify the issues
Case Study
The Tenant provided reasonable explanations for the breaches and has a plan to address the issues. It would not be unfair to set aside the ex-parte order and provide the Tenant an opportunity to preserve the tenancy.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenant's motion and argued that the stay should be lifted as the Tenant has breached more than one term of the prior order.
Tenant
Actions
Tenant stated the breach of the prior order was due to confusion with funds in his account which affected his pre-authorized payment to the Landlord.
Decision Summary
The ex-parte order issued on January 3, 2024 is set aside. The previous order is amended to provide the Tenant an opportunity to bring the rental unit to an ordinary state of cleanliness and continue making payments towards the damages. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Damages
$3,678
Total Owing
$1,478 (Owed to Landlord)
Source
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