Landlord Wins Rent Dispute Against Tenants in Sunderland, ON: Oz v Shearer 2022
Landlords prevail in Sunderland rent dispute, N4 notice upheld despite tenant claims
Summarized by RentZenLast updated: August 6, 2024
Case Summary
24 Don Hadden Crescent, Sunderland, ON L0C1H0
Decision in favor of
landlord
Balance Owed to Landlord
$31,597
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2019
Hearing Date
Jan 2020
Order Date
Nov 16, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Tenants filed applications to determine if the Residential Tenancies Act applies, whether the Landlords harassed or interfered with the Tenants, and whether the Landlords failed to meet their maintenance obligations.
Determinations
- N4 notice issued by Landlords on December 2, 2020 was valid
- Tenants' obligation to pay rent was not suspended under Section 12
- Tenants had Landlords' address for service
- Tenants did not establish that Landlords failed to provide address as required by Section 12
Case Study
The N4 notice served by the Landlords on December 2, 2020 was valid, and the Tenants' obligation to pay rent was not suspended under Section 12 of the Residential Tenancies Act.
Arguments and Actions
Tenant
Arguments
Tenants argued that they were confused about the N4 amount as they had overpaid for a previous order, and that their obligation to pay rent was suspended under Section 12.
Decision Summary
The N4 notice served by the Landlords on December 2, 2020 was valid, and the Tenants' obligation to pay rent was not suspended under Section 12 of the Residential Tenancies Act. A further interim order will follow regarding the final submissions on these applications.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Arrears
$31,597
Total Owing
$31,597 (Owed to Landlord)
Source
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