Landlord's Application Dismissed: Windsor Essex Community Housing Corporation v Rowe
Landlord's eviction application dismissed due to procedural errors
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1245 Central Avenue, Windsor, ON N8Y3V1
Decision in favor of
landlord
Balance Owed to Landlord
$300
Dispute Categories
Notices Sent
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Timeline
Order Date
Jan 6, 2022
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant's failure to meet a condition specified in a previous order issued by the Board on October 28, 2021 with respect to application SWL-54547-21. The landlord claimed the tenant had not paid the full lawful monthly rent of $750 due on November 1, 2021.
Determinations
- The Board issued a settlement agreement on October 28, 2021 which required the tenant to make regularly scheduled payments against outstanding rental arrears and continue making full, on-time monthly rent payments.
- The landlord's application was received by the Board on December 2, 2021, which is more than 30 days after the tenant failed to meet a condition set out in the settlement agreement.
- The landlord's application does not meet the statutory requirements under subsections 78(2), (4) and (5) of the Act.
Case Study
The Board does not have jurisdiction to consider this application as it was filed beyond the statutory 30-day period after the alleged breach had taken place. Furthermore, the landlord's application does not meet the statutory requirements under subsections 78(2), (4) and (5) of the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Procedural Errors
The landlord's application does not meet the statutory requirements under subsections 78(2), (4) and (5) of the Act.
Decision Summary
The landlord's application under section 78 of the Residential Tenancies Act, 2006 is dismissed.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$750
Rent Arrears
$300
Total Owing
$300 (Owed to Landlord)
Source
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