Landlord Wins Utility Cost Dispute: Charles v Vezina 2024
Toronto landlord awarded $1402 from tenant for unpaid utility costs
Summarized by RentZenLast updated: November 3, 2024
Case Summary
94A Ascot Ave, Toronto, ON M6E1E9
Decision in favor of
landlord
Balance Owed to Landlord
$1,402
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
May 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. Landlord also applied for an order requiring Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.
Determinations
- N5 notice was invalid as it alleged undue damages in the form of unpaid utility bills
- Landlord demonstrated $1,215.87 in unpaid utility costs for the period of September 2022 to February 2024
- Tenant is responsible for unpaid utility costs as per tenancy agreement
Arguments and Actions
Landlord
Procedural Errors
N5 notice was invalid as it alleged undue damages in the form of unpaid utility bills
Tenant
Actions
Tenant did not pay utility costs as required under the tenancy agreement.
Decision Summary
The Landlord's application for unpaid utility costs in the amount of $1,215.87 was granted. The Tenant was ordered to pay the Landlord $1,401.87, which includes the unpaid utility costs and the application filing fee. If the Tenant does not pay the full amount by June 3, 2024, they will start to owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
85
Landlord Favorable
96.5%
Tenant Favorable
2.4%
Mutual Agreement
1.2%
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Financial Details
Application Fee
$186
Other Owed Amount
$1,216
Unpaid utility costs
Total Owing
$1,402 (Owed to Landlord)
Source
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