St. Thomas - Elgin Social Services v Betterley and Pogue
Last updated: July 26, 2024
Order
Ordered by Alex Brkic,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
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Citation: St. Thomas - Elgin Social Services v Betterley and Pogue, 2021 CanLII 107243 (ON LTB)
File Number: SWL-41205-20
Timeline
Application Date
Feb 2020
Hearing Date
Jun 2021
Order Date
Jul 8, 2021
Decision
The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants pay the outstanding $13,595.00 in monthly installments of $300.00 from July 1, 2021 to April 1, 2025, and also pay the monthly rent in full on or before the first day of each corresponding month. If the Tenants fail to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and the balance owing shall become payable with interest.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
Determinations
- Tenants have not paid rent from September 1, 2019 to June 30, 2021
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Lawful monthly rent as of January 1, 2021 is $909.00
- Landlord not holding last month's rent deposit
- Tenants paid $6,400.00 after application filed
- Total outstanding to June 30, 2021 is $13,595.00
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenants did not pay full rent arrears.
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