Landlord and Tenant Reach Agreement in Kingston Rent Dispute: Mcewen v Kelly 2023
Kingston landlord and tenant reach agreement after tenant breaches previous LTB order
Summarized by RentZenLast updated: August 6, 2024
Case Summary
30 Hickson Ave, Kingston, ON K7K2N5
Dispute resolved in
agreement
Balance Owed to Landlord
$3,460
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Jun 14, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on October 25, 2022 with respect to application LTB-L-015973-22.
Determinations
- Tenant failed to pay $500.00 (arrears) and March 2023 rent charges on March 1, 2023
- Landlord collects and picks up the Tenant's monthly rent payment at the Tenant's rental unit, which has been the pattern for well over six years
- Landlord sent the Tenant a letter in February changing the method for collecting rent payment to electronic, but the Tenant does not have a computer or telephone to do electronic banking
- Landlord has not provided a bank account number that the Tenant can use to deposit his payment knowing that he lacks access to technology
- Landlord created a barrier for the Tenant, which caused the Tenant to breach a condition of the order dated October 25, 2022
Case Study
The Landlord created a barrier for the Tenant, which caused the Tenant to breach a condition of the order dated October 25, 2022. Further relief from eviction is granted pursuant to the Board's discretion under section 78(11)(b) of the Act.
Arguments and Actions
Landlord
Actions
Landlord stated she will open a bank account and sharing the account number with the Tenant who acknowledges that payment going forward can be made from his bank directly into the Landlord's account. The Landlord also commits to provide the account information to the Tenant by phone and in writing.
Tenant
Actions
Tenant does not dispute that he failed to pay $500.00 (arrears) and March 2023 rent charges on March 1, 2023.
Decision Summary
The motion to set aside Order LTB-L-019435-23, issued on April 26, 2023, is granted. Order LTB-L-019435-23, issued on April 26, 2023, is set aside and cannot be enforced. The Tenant shall pay the Landlord $3,460.00 according to the specified payment schedule. If the Tenant fails to make any one of the payments, the outstanding balance shall become immediately due and owing and the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.
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
Rent Arrears
$3,460
Total Owing
$3,460 (Owed to Landlord)
Source
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