Landlord Wins Rent Arrears Case: Sra v Allen 2021
Caledon tenants ordered to pay $11601 in rent arrears and costs to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
4476 Beechgrove Sideroad, Caledon, ON L7K0M4
Decision in favor of
landlord
Balance Owed to Landlord
$11,601
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Mar 2021
Order Date
Apr 15, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving two different N4 notices, which the Tenants argued created confusion on how to void the termination.
Determinations
- Tenants did not pay full rent from July 1, 2020 to March 31, 2021
- Lawful monthly rent is $1,140.00
- Landlord collected $1,140.00 rent deposit from Tenants
- Tenants made no payments after application was filed
- Tenants owe $11,601.00 in rent arrears and application filing costs
Case Study
The Notices of Termination were found to be invalid due to inconsistencies, therefore termination of the tenancy could not be granted. The only issue to be determined was the quantum of the rent arrears.
Arguments and Actions
Tenant
Arguments
Tenants presented two different N4 notices with inconsistencies, which created confusion on how to void the termination.
Decision Summary
The Tenants are ordered to pay the Landlord $11,601.00, which includes $11,400.00 in rent arrears and $201.00 in application filing costs. If the full amount is not paid by April 25, 2021, the Tenants will start owing interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$1,140
Rent Arrears
$11,400
Application Fee
$201
Rent Deposit
$1,140
Total Owing
$11,601 (Owed to Landlord)
Source
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