Landlord Wins Breach of Conditions Case: Dauria v Tibbs 2023
Brantford tenants evicted for breaching LTB order to pay rent and transfer utilities
Summarized by RentZenLast updated: September 12, 2024
Case Summary
147 Dundas St, Brantford, ON N3R1S6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Oct 12, 2023
Dispute Summary
The landlords applied for an order to terminate the tenancy and evict the tenants and for an order to have the tenants pay the rent they owe because the tenants failed to meet a condition specified in the order issued by the Board on May 17, 2023. The tenants filed a motion to set aside the ex-parte order.
Determinations
- Prior order issued on consent
- Tenants breached prior order
- Tenants did not pay rent arrears or monthly rent
- Tenants did not transfer utility bills
- Tenants' breaches caused prejudice to landlords
- Stay of ex-parte order lifted
Case Study
The prior order was issued on consent of the parties and ordered the tenants to pay the rent arrears owing by way of a repayment plan and to transfer the utility bills into their own names. The ex-parte order issued terminates the tenancy as the tenants did not pay the rent arrears or the monthly rent as required by the prior order. The tenants do not dispute breaching the order. The Board finds that it would be unfair to set aside the ex-parte order as the tenants have continued to breach the prior order by not paying the rent ordered and owing for the months of July - September 2023 and have still not transferred the utility bills to their own names.
Arguments and Actions
Tenant
Actions
Tenants did not transfer utility bills due to outstanding balance they cannot afford to pay.
Decision Summary
The motion to set aside the ex-parte order issued on June 30, 2023 is denied. The stay of the ex-parte order is lifted immediately.
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
Rent Arrears
$1,336
Total Owing
$1,336 (Owed to Landlord)
Source
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