Landlord-Tenant Dispute Adjourned: Sidhu v Ranger 2023 LTB Case
LTB adjourns non-payment case to allow tenant to raise separate issues
Summarized by RentZenLast updated: August 6, 2024
Case Summary
454 Rideau Road, Ottawa, ON K4M0E2
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Jul 14, 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant requested an adjournment to raise issues in a separate Tenant application regarding a T1, T2 and T6 that she had filed before the Landlords' application.
Determinations
- Tenant requested adjournment to raise issues in separate Tenant application
- Tenant did not raise issues before hearing due to family circumstances
- Tenant ordered to pay rent in full and on time before next hearing
- If Tenant fails to pay rent, Board can refuse to consider Tenant's evidence
Case Study
The Tenant's adjournment request was granted so she could properly raise the issues in her Tenant application pursuant to section 82 of the Residential Tenancies Act, 2006. To minimize prejudice to the Landlords, the Tenant was ordered to pay the rent in full and on time before the matter returns. If the Tenant fails to do so, the Board can refuse to consider the Tenant's evidence or submissions.
Arguments and Actions
Landlord
Arguments
Landlords objected to the adjournment request as the arrears are not contested and the Tenant should have provided them with advance notice of her Tenant application.
Tenant
Arguments
Tenant argued that the amount plead in her Tenant application should be offset against the rent arrears.
Actions
Tenant filed a separate Tenant application regarding a T1, T2 and T6 before the Landlords' application.
Decision Summary
The matter was adjourned to a date to be decided by the Board. The Tenant was ordered to pay the rent in full and on time before the next hearing, and to properly raise and file her issues and evidence pursuant to section 82 of the Act. If the Tenant fails to do so, the Board can refuse to consider her evidence or submissions.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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