Landlord Wins Rent Arrears Case: Daniele Pantanella v Kimberley Barclay 2023
Hamilton landlord awarded $2614 in rent arrears and costs from non-paying tenant
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 41 Deschene Ave, Hamilton, ON L9A3J8
Decision in favor of
landlord
Balance Owed to Landlord
$2,614
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Tenancy End Date
Feb 2023
Hearing Date
Apr 2023
Order Date
May 26, 2023
Dispute Summary
Landlord applied for an order requiring the Tenant to pay the rent that the Tenant owes. The Tenant requested an adjournment to raise issues under section 82 of the Residential Tenancies Act, 2006, but the adjournment was denied. The Tenant had vacated the rental unit on February 15, 2023 as a result of a previous LTB order.
Determinations
- Tenant did not pay full rent from December 1, 2022 to February 15, 2023
- Lawful rent was $1,619.20 per month
- Tenant made no payments since application filed
- Tenancy ended on February 15, 2023 due to previous LTB order
Case Study
The Tenant was aware of this application before receiving the notice of hearing and had spoken with duty counsel previously about raising issues under section 82. The Tenant was free to prepare her evidence and submissions relative to these issues at any time, even before receiving a notice of hearing. The Tenant's prejudice caused by moving forward with the hearing was minimal, as there was no dispute about the quantum of rent arrears owed, and the Tenant could still file a tenant application to seek any remedy she believes she is entitled to under the Act.
Arguments and Actions
Tenant
Arguments
Tenant requested an adjournment to raise issues under section 82 of the Residential Tenancies Act, 2006.
Actions
Tenant stated she is not currently employed and cannot presently pay the rent arrears.
Decision Summary
The Tenant shall pay the Landlord $2,613.61, which includes rent arrears up to February 15, 2023 and the cost of the application, minus the rent deposit and interest owing. If the Tenant does not pay the full amount by August 24, 2023, interest will start to accrue at 6.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$1,619
Rent Arrears
$4,037
Application Fee
$201
Rent Deposit
$1,600
Deposit Interest
$24
Total Owing
$2,614 (Owed to Landlord)
Source
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