Landlord and Tenant Board Resolves Rent Dispute in Cambridge: Soomal Holdings Inc. v Burdzel 2021
Tenant granted review in Cambridge rent dispute, ordered to pay remaining application fee
Summarized by RentZenLast updated: July 26, 2024
Case Summary
809 Walter Street, Cambridge, ON N3H4P5
Dispute resolved in
agreement
Balance Owed to Landlord
$62
Dispute Categories
Notices Sent
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Timeline
Application Date
Nov 2020
Hearing Date
Feb 2021
Order Date
Mar 4, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The application was resolved by an order issued on November 9, 2020. The Tenant requested a review of the order, as she had made an agreement with the Landlord to pay off the rent arrears and was under the mistaken assumption that the agreement resolved the matter.
Determinations
- Tenant did not attend initial hearing due to mistaken belief that agreement resolved the matter
- Tenant has paid off all rent arrears up to February 28, 2021
- Only outstanding amount is the balance of the Landlord's application filing fee of $61.51
- Granting relief from eviction would not be unfair
Case Study
The Tenant made an honest mistake by not attending the initial hearing, as she believed the agreement with the Landlord had resolved the matter. The request for review was granted, and the Landlord's application was heard de novo.
Arguments and Actions
Tenant
Actions
Tenant made an agreement with the Landlord to pay off the rent arrears and was under the mistaken assumption that the agreement resolved the matter.
Procedural Errors
Tenant did not attend the initial hearing due to a mistaken belief that the agreement with the Landlord had resolved the matter.
Decision Summary
The previous order is cancelled and replaced. The Tenant shall pay the Landlord $61.51, which represents the balance of the Landlord's application filing fee. If the Tenant does not pay the full amount by March 16, 2021, the Tenant will start to owe simple interest at 3.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Application Fee
$62
Total Owing
$62 (Owed to Landlord)
Source
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