Landlord and Tenant Reach Agreement in Stayner Rent Dispute: North Street Towns Ltd. v Moncrieff 2024
Stayner tenants avoid eviction after missing rent payments, LTB sets aside order
Summarized by RentZenLast updated: August 6, 2024
Case Summary
212 North St, Stayner, ON L0M1S0
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
Apr 12, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants did not meet a condition specified in the order issued by the LTB on April 18, 2023 with respect to application LTB-L-032263-22.
Determinations
- At a hearing in April 2023, the Tenants consented to an order to pay the monthly rent in full and on time for an 18-month period beginning May 2023.
- The Landlord filed this L4 application because the Tenants paid February rent on February 2, 2024.
- The Tenants have breached the condition of the order, but eviction would be disproportionate to the effect of the breach.
- After considering all of the circumstances, it would not be unfair to set aside order LTB-L-010129-24.
Case Study
The Tenants' response was that after arriving home from work, they fell asleep on the couch and as soon as they realized the rent was not paid, they made the payment. The Landlord pointed to the fact that the Tenants were late on two previous occasions in the eleven months since the order was issued. The Tenants testified that on one occasion the new bank card they received did not work but they paid as soon as the issue was resolved, and the second time they were late by three days due to three deaths in the family they had to assist with funeral costs. The Tenants also testified that they pay the Landlord early on many occasions, which was not disputed.
Arguments and Actions
Landlord
Actions
Landlord filed this L4 application because the Tenants paid February rent on February 2, 2024.
Tenant
Actions
Tenants fell asleep on the couch and as soon as they realized the rent was not paid, they made the payment.
Decision Summary
The motion to set aside Order LTB-L-010129-24, issued on February 20, 2024, is granted. Order LTB-L-010129-24, issued on February 20, 2024, is set aside and cannot be enforced. Order LTB-L-032263-22 remains in effect.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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