Landlord Wins Breach of Conditions Case: Markham Corners Residential Inc v Lynch and Mcdonald
Landlord wins breach of conditions case, tenants ordered to pay outstanding arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 20 Kimbercroft Court, Scarborough, ON M1S4K8
Decision in favor of
landlord
Balance Owed to Landlord
$937
Dispute Categories
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Timeline
Hearing Date
Apr 2021
Order Date
May 19, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to their failure to meet a condition specified in a previous order issued by the Board. The Tenants filed a motion to set aside the order.
Determinations
- Tenants breached a condition of the previous order by failing to pay $1,000.00 toward arrears on or before January 31, 2021
- Tenants have breached subsequent conditions of the order and are $936.55 short on the payments they ought to have made towards arrears and ongoing rent
- Tenant MM testified that the Tenants are now both working full time and should be able to comply with the payment plan as well as pay the amount they are short
- It would not be unfair to set aside the order as the Tenants struggled to meet their obligations under the payment plan and are only a relatively small amount of money behind
Case Study
The Tenants struggled to meet their obligations under the payment plan and were only a relatively small amount of money behind. The Tenants could be caught up by the end of June 2021, which is a very reasonable time. The Landlord will benefit from receiving the rent and the arrears.
Arguments and Actions
Tenant
Actions
Tenant MM testified that the Tenants are now both working full time and should be able to comply with the payment plan as well as pay the amount they are short.
Decision Summary
The Tenants' motion to set aside the previous order is granted. The original order is cancelled and amended to incorporate additional payments to clear the outstanding arrears.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$937
Total Owing
$937 (Owed to Landlord)
Source
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