Landlord Wins Non-payment Case: Bradley v Stewart 2023
Ajax tenant given chance to pay $5091 in arrears to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3 Smith Lane, Ajax, ON L1T3M6
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Apr 2023
Order Date
May 3, 2023
Tenancy End Date
Jun 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The tenant requested a review of the previous order, stating that they were not reasonably able to participate in the original hearing.
Determinations
- Tenant did not receive notice of original hearing
- Tenant credible in not receiving notice
- Landlord served valid N4 notice
- Tenant still in possession at hearing date
- Lawful rent is $1,402 per month
- Tenant paid $17,509 since application filed
- Rent arrears of $3,503.25 as of April 30, 2023
- Landlord entitled to $186 application fee
- No last month's rent deposit
- Tenant's monthly expenses exceed income
- Tenant unable to adhere to repayment plan
Case Study
The Board found that the tenant was not reasonably able to participate in the original hearing, and granted the review request. The Board then considered the merits of the landlord's application, including the tenant's financial situation and ability to pay the arrears.
Arguments and Actions
Landlord
Arguments
Landlord opposed the review request.
Tenant
Actions
Tenant testified that she did not receive the notice of hearing, and that her son with disabilities may have misplaced it.
Decision Summary
The Board granted the tenant's request for review, finding that they were not reasonably able to participate in the original hearing. The Board then considered the landlord's application and ordered that the tenancy be terminated unless the tenant pays $5,091.25 by May 31, 2023 or $6,493.25 by June 18, 2023 to void the order. If the tenant does not pay, they must vacate the unit by June 18, 2023.
Reason for Eviction Relief
Tenant's household income is ODSP, has a grandchild staying part-time, and is working with housing stability program to get assistance
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
$1,402
Rent Arrears
$3,503
Application Fee
$186
Total Owing
$5,091 (Owed to Landlord)
Source
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