SIFTON PROPERTIES LIMITED v Best: Non-payment of Rent Case in Brantford, ON
LTB Ruling: SIFTON PROPERTIES LIMITED v Best - Rent Arrears in Brantford
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 4 Greenfield Rd, Brantford, ON N3R6B9
Decision in favor of
landlord
Balance Owed to Landlord
$14,923
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Feb 2023
Order Date
Mar 1, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not void the N4 Notice by paying the arrears. The Tenant explained personal circumstances affecting their ability to pay rent and requested time to find new living arrangements.
Determinations
- Interest on rent deposit calculated
- Landlord collected rent deposit
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Rent arrears not disputed at hearing
- Tenant did not void notice by paying arrears
- Tenant paid $300 since application filed
- Tenant still in possession of rental unit
- Tenant's personal circumstances considered
Case Study
The Tenant could have potentially avoided eviction by responding to the Landlord's attempts to discuss a payment plan or by seeking financial assistance earlier. To turn the decision around, the Tenant would need to demonstrate a viable plan to pay the substantial rent arrears and maintain future rent payments.
Arguments and Actions
Landlord
Arguments
Landlord sought eviction within 11 days of the order due to Tenant's non-responsiveness to payment plan discussions.
Actions
Landlord made numerous attempts to discuss a payment plan with the Tenant regarding accumulating arrears, but Tenant did not respond.
Tenant
Arguments
Tenant requested three months to find new living arrangements.
Actions
Tenant explained personal circumstances affecting ability to pay rent, including loss of mother, sister, job, and going through separation while parenting three children.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $18,810.96 by March 31, 2023. If not voided, the Tenant must vacate by March 31, 2023, and pay $14,923.09 plus $50.93 per day from February 16, 2023, until move-out. The eviction is postponed until March 31, 2023, considering the Tenant's circumstances.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,549
Rent Arrears
$17,076
Application Fee
$186
Rent Deposit
$1,549
Deposit Interest
$5
Total Owing
$14,923 (Owed to Landlord)
Source
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