Landlord Wins Rent Arrears Case Against Tenant in London, Ontario: London & Middlesex Community Housing v Osman 2021
London landlord awarded $8922 in rent arrears from tenant, with payment plan to avoid eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
427 Wharncliffe Road North, London, ON N6G2V3
Decision in favor of
landlord
Balance Owed to Landlord
$8,922
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Jul 8, 2021
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 of Termination effective October 7, 2020.
Determinations
- Tenant has not paid rent from February 1, 2020 to June 30, 2021
- Landlord served valid Notice of Termination effective October 7, 2020
- Tenant is in possession of the rental unit
- Tenant paid $960.00 after the application was filed
- Total outstanding amount is $8,921.97, including rent arrears and costs
- Landlord holds a rent deposit of $224.00
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from February 1, 2020 to June 30, 2021. The Tenant is in possession of the rental unit. The Tenant paid $960.00 after the application was filed. The parties agree that the amount outstanding to June 30, 2021, inclusive of rent arrears ($8,735.97) and costs ($186.00), is $8,921.97. The Landlord collected a rent deposit of $224.00 from the Tenant and this deposit is still being held by the Landlord.
Arguments and Actions
Tenant
Actions
Tenant has not paid rent from February 1, 2020 to June 30, 2021.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays the outstanding amount of $8,921.97 in monthly installments of $300 from July 1, 2021 to December 1, 2023, and also pays the rent for the months of July 2021 up to and including December 2023 in full, on or before the first day of each corresponding month. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and the balance owing shall become payable with interest.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Rent Arrears
$8,736
Application Fee
$186
Rent Deposit
$224
Total Owing
$8,922 (Owed to Landlord)
Source
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