Landlord Wins Rent Arrears Case: Locke v Denneny 2024
Landlord wins rent arrears case as tenant's review request is denied by LTB
Summarized by RentZenLast updated: August 6, 2024
Case Summary
12 Victoria Park Crescent, Morrisburg, ON K0C1X0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Jun 2024
Order Date
Jul 29, 2024
Dispute Summary
Landlords 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. The Tenant had not vacated the rental unit prior to the hearing date.
Determinations
- Tenant did not receive Notice of Hearing on April 12, 2024
- Tenant contacted LTB at 10:36 am on April 12, 2024 when hearing started at 10:00 am
- Tenant did not provide medical evidence to corroborate hospital visit on April 8, 2024
- Tenant's excuse for attending hearing late was unreasonable
- Tenant's actions were an abuse of process to delay eviction
Case Study
The Tenant's request for review was denied. The Tenant failed to provide evidence that he did not receive the Notice of Hearing, and his excuse for attending the hearing late was found to be unreasonable. The outcome of the original order would not change even if the review was granted.
Arguments and Actions
Tenant
Procedural Errors
Tenant failed to follow up on receipt of new Notice of Hearing and did not contact Landlord to obtain hearing information
Decision Summary
The request to review the original order is denied. The original order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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