Last updated: July 22, 2024
Ordered by Greg Brocanier,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,936
to Landlord
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Citation: Whitmarsh v Kellier, 2022 CanLII 83525 (ON LTB)
File Number: SWL-55758-21
Application Date (Estimate)
Jul 2021
Tenancy End Date
Dec 2021
Hearing Date
Jan 2022
Order Date
Jan 31, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
The Board ordered the Tenants to pay the Landlord $4,750.00 in rent arrears for the period of February 1, 2021 to June 30, 2021, plus $186.00 for the cost of filing the application. No eviction order was issued as the Tenants were no longer in possession of the unit. The Landlord's request for pre-judgment interest was denied due to lack of Board jurisdiction.
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 Notice of Termination effective October 11, 2021. The tenants were no longer in possession of the unit at the time of the hearing, as they had been evicted on December 16, 2021 due to a previous order for purchaser's own use.
Landlord requested pre-judgment interest, which was denied due to lack of Board jurisdiction.
Landlord served a Notice of Termination effective October 11, 2021 due to rent arrears.
Tenants failed to pay rent for the period from February 1, 2021 to June 30, 2021.
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Lawful Rent
$950
Rent Arrears
$4,750
Application Fee
$186
Ordered Amount
$4,936 (to Landlord)
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