Landlord Wins Non-payment Case: City Housing Hamilton Corporation v Cookson 2023
Hamilton senior tenant ordered to pay $1585 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
226 Rebecca St, Hamilton, ON L8R1C3
Decision in favor of
landlord
Balance Owed to Landlord
$1,585
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Aug 2023
Order Date
Sep 19, 2023
Tenancy End Date
Oct 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
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
- Tenant paid $1,700 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears up to the hearing date, the application filing fee, and daily compensation for the Tenant's continued occupation of the unit.
Decision Summary
The tenancy will be terminated on October 19, 2023 unless the Tenant pays $2,657 by September 30, 2023 or $3,202 by October 19, 2023 to void the order. If the Tenant does not void the order, they must pay $1,584.92 to the Landlord and daily compensation of $17.92 from August 2, 2023 until they move out.
Reason for Eviction Relief
The Tenant is a senior and the Landlord is a municipal housing provider. As such, the Landlord requested a delayed eviction order so that the Tenant has an adequate opportunity to void it.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Lawful Rent
$545
Rent Arrears
$1,926
Application Fee
$186
Total Owing
$1,585 (Owed to Landlord)
Source
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