Ahmed v. Krebs: Tenant Wins Appeal on Abandonment Ruling
Divisional Court rules in favor of tenant, stating third-party rent payment is valid and overturns abandonment decision
Summarized by RentZenLast updated: August 16, 2024
Case Summary
210 Oak Street, , ON
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jul 2015
Order Date
Jul 23, 2015
Dispute Summary
The tenant appealed a Landlord and Tenant Board decision that found the rental unit had been abandoned. The main issue was whether rent for September 2010 had been paid, as unpaid rent is a precondition for abandonment under the Residential Tenancies Act.
Determinations
- Rent for September 2010 was paid by a third party on behalf of the tenant
- The landlord cashed the rent cheque, accepting it as rent payment
- There is no legal basis to reject rent payment made by a third party
- The Landlord and Tenant Board's decision was unreasonable
- The rental unit was not abandoned as there were no rent arrears
Case Study
The court found that the Landlord and Tenant Board's decision was unreasonable. The Board failed to properly consider evidence that rent had been paid by a third party on behalf of the tenant, which is allowed under the Residential Tenancies Act. Since rent was paid, there were no arrears, and thus the precondition for abandonment was not met.
Arguments and Actions
Landlord
Arguments
Landlord argued that the payment from a third party indicated a 'new unauthorized tenant' rather than rent payment.
Actions
Landlord cashed the rent cheque from the third party but claimed the rent was not paid.
Tenant
Arguments
The Residential Tenancies Act allows for rent to be paid 'on behalf of the tenant', so payment by a third party should be considered valid rent payment.
Actions
Tenant had a friend pay the September 2010 rent on his behalf.
Decision Summary
The Divisional Court allowed the tenant's appeal, finding that the Landlord and Tenant Board's decision was unreasonable. The court determined that rent for September 2010 had been paid by a third party, which is allowed under the Residential Tenancies Act. As there were no rent arrears, the precondition for abandonment was not met. The matter was remitted to the Board for consideration and determination of a remedy.
Adjudicator Details
Divisional Court
Total Orders
3
Landlord Favorable
0.0%
Tenant Favorable
66.7%
Mutual Agreement
33.3%
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Financial Details
Lawful Rent
$750
Source
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