Capreit Limited Partnership v Edwin: Rent Arrears and Eviction Review
Landlord successfully reviews LTB order, tenant given opportunity to pay rent arrears and avoid eviction
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 11 Knightsbridge Rd, Brampton, ON L6T3X4
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Aug 2024
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The original order was dismissed as abandoned, and the Landlord requested a review, claiming they did not receive notice of hearing.
Determinations
- Notice of hearing not served to Landlord's legal representative
- Landlord not reasonably able to participate in original hearing
- Review request granted
- Matter to be heard de novo
- Tenant did not void N4 Notice
- Tenant still in possession of rental unit
Case Study
The Board found that the Landlord was not reasonably able to participate in the original hearing due to non-service of hearing notice, and thus granted the review request.
Arguments and Actions
Landlord
Actions
Landlord requested review of order due to non-receipt of hearing notice
Tenant
Actions
Tenant did not void N4 Notice by paying rent arrears
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $604.76 by August 31, 2024, or $2,028.17 by September 30, 2024. If not paid, the Tenant must move out by September 30, 2024.
Reason for Eviction Relief
Tenant given time to pay arrears
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,423
Rent Arrears
$419
Application Fee
$186
Rent Deposit
$1,323
Deposit Interest
$21
Total Owing
-$1,274 (Owed to Tenant)
Source
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