Landlord Wins Persistent Late Payment Case: Sifton Properties Limited v Aucoin 2022
Landlord wins $4120 rent dispute in Brantford, tenant ordered to make repayments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 36 Coachwood Rd, Brantford, ON N3R3R4
Decision in favor of
landlord
Balance Owed to Landlord
$4,120
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2021
Order Date
Jun 7, 2022
Hearing Date
Jun 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, and the Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,180.81 per month
- Tenant did not void notice by paying arrears
- Tenant owes $4,119.63 in arrears and application fee
- Tenant still in possession on hearing date
- Tenant was persistently late in paying rent for 12 months in 2021 and 2022
Case Study
The Landlord's application for eviction was denied on the condition that the Tenant makes the specified payments to clear the rent arrears. If the Tenant fails to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Arguments and Actions
Landlord
Arguments
Landlord is seeking standard 11-day voidable order for the arrears and 11-day eviction for the persistently late rent. Landlord argues that previous repayment attempts have not been followed, and a conditional order puts more burden on the Landlord.
Tenant
Actions
Tenant has been behind on rent for over a year, but wants to preserve the tenancy and has made some payments to show good faith.
Decision Summary
The Landlord's application for eviction was denied on the condition that the Tenant pays the rent arrears and application fee in specified installments by July 26, 2022. If the Tenant fails to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,181
Rent Arrears
$3,934
Application Fee
$186
Rent Deposit
$1,181
Total Owing
$4,120 (Owed to Landlord)
Source
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