Minto Properties Inc. v Taylor: Non-payment of Rent Case in London, ON
London tenant ordered to pay $4267 in rent arrears and utility costs
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 120 Cherryhill Pl, London, ON N6H4N9
Decision in favor of
landlord
Balance Owed to Landlord
$4,267
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Jun 2022
Order Date
Jul 25, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent owed. The residential complex was sold on April 20, 2022, but the agreement stipulated that rental arrears prior to the closing date remain the property of the Landlord. Tenant failed to pay full rent from November 1, 2021 to April 20, 2022.
Determinations
- Agreement of Purchase and Sale stipulates arrears remain Landlord's property
- Landlord incurred $186.00 application filing costs
- Lawful rent is $1,484.00 due on 1st of each month
- Rent arrears owing to April 20, 2022 are $4,080.78
- Residential complex sold on April 20, 2022
- Tenant did not pay total rent required from November 1, 2021 to April 20, 2022
- Tenant paid $4,310.00 after application filed
- Tenant still in possession of rental unit at hearing date
Case Study
The Tenant could have potentially avoided this outcome by paying rent on time or communicating with the Landlord about any financial difficulties. To turn the decision around, the Tenant would need to demonstrate a valid reason for non-payment or provide evidence of payments made that were not accounted for.
Arguments and Actions
Landlord
Arguments
Landlord submitted the Agreement of Purchase and Sale as evidence, citing clause 2.6(f) which states that any rental arrears outstanding as of the closing date shall remain the property of the Landlord.
Actions
Landlord sold the residential complex on April 20, 2022, but retained the right to collect rent arrears as per the Agreement of Purchase and Sale.
Tenant
Actions
Tenant failed to pay full rent from November 1, 2021 to April 20, 2022. Tenant made partial payments of $4,310.00 after the application was filed.
Decision Summary
The Tenant is ordered to pay the Landlord $4,266.78, which includes rent arrears up to April 20, 2022, and the cost of the application. If the Tenant does not pay the full amount by August 31, 2022, interest will start accruing at 3.00% annually from September 1, 2022.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,484
Rent Arrears
$4,081
Application Fee
$186
Total Owing
$4,267 (Owed to Landlord)
Source
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