Landlord Wins Non-payment Case: Abraham Kokkat C/o Anson Kokkat & Nixon Manuel v Ryan Todd 2023
London tenant ordered to pay $9220 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 364 Grey St, London, ON N6B1G9
Decision in favor of
landlord
Balance Owed to Landlord
$9,220
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 11, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the Tenant's continued occupation of the unit. The Landlord was also entitled to the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant testified that he could pay $400 per month towards the arrears, was out of work for a significant period but is now back to work and makes $2,000 per month, and has approximately $10,000 in debt unrelated to the rental unit arrears.
Decision Summary
The tenancy will be terminated on May 31, 2023 unless the Tenant pays $9,219.75 to void the order. If the Tenant does not pay, the Tenant must vacate the unit by May 31, 2023 and pay the Landlord $6,979.18, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
To provide the Tenant with time to find new living accommodations
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,015
Rent Arrears
$8,019
Application Fee
$186
Rent Deposit
$990
Deposit Interest
$22
Total Owing
$9,220 (Owed to Landlord)
Source
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