Landlord Loses Utility Dispute: Smith v Thompson and Mason
LTB Dismisses Landlord's Utility Dispute Application
Summarized by RentZenLast updated: July 22, 2024
Case Summary
46 Howard Street, Hagersville, ON N0A1H0
Decision in favor of
tenant
Balance Owed to Landlord
$1,400
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Oct 2021
Order Date
Jan 7, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was based on a voidable Notice of Termination served on the Tenants on August 17, 2020 with a termination date of September 6, 2020 because the Tenants failed to pay utilities in the amount of $1,400.00.
Determinations
- The Board has no jurisdiction to award the cost of the outstanding utilities unless the utilities are included in the rent, in which case they became rent owing.
- The Tenants moved out of the rental unit on May 11, 2021, so there is no eviction for the Board to order.
- The application is based on a voidable Notice of Termination served on the Tenants on August 17, 2020 with a termination date of September 6, 2020 because the Tenants failed to pay utilities in the amount of $1,400.00.
- The application is dismissed.
Case Study
The Board has no jurisdiction to award the cost of the outstanding utilities unless the utilities are included in the rent, in which case they became rent owing. In this case, the utilities are charged separately from the rent at a cost of $175.00 per month.
Decision Summary
The Landlord's application is dismissed. The Board has no jurisdiction to award the cost of the outstanding utilities since they are charged separately from the rent.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Other Owed Amount
$1,400
Unpaid utilities
Total Owing
$1,400 (Owed to Landlord)
Source
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