Last updated: September 12, 2024
Ordered by John Cashmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,779
to Landlord
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Citation: Denning v Pratt, 2023 ONLTB 29346
File Number: LTB-L-048300-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 6, 2023
Tenancy End Date
Apr 2023
The tenancy will be terminated on April 30, 2023 unless the tenants pay $10,434 to void the order. If the tenancy is terminated, the tenants must pay $5,779.43 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $72.16 for each day of occupation starting March 28, 2023.
The Tenants submitted their daughter moved out of the rental unit and another occupant moved in who was contributing to the monthly rent. This person left abruptly and the rent arrears began to accumulate. The Tenants explained that due to mental health issues, they have both lost employment and this also contributed to the rent arrears growing. The Tenants explained they have been looking for alternate living accommodations and sought at least 30 days to complete this search as one Tenant is awaiting approval for employment insurance.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
The Landlord submitted the ongoing rent arrears have caused them financial hardship. The Landlord also submitted that they attempted to negotiate a payment agreement with the Tenants for the rent arrears but no agreement was reached.
The Tenants submitted their daughter moved out of the rental unit and another occupant moved in who was contributing to the monthly rent. This person left abruptly and the rent arrears began to accumulate. The Tenants explained that due to mental health issues, they have both lost employment and this also contributed to the rent arrears growing.
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Lawful Rent
$2,195
Rent Arrears
$8,053
Application Fee
$186
Rent Deposit
$2,195
Deposit Interest
$18
Ordered Amount
$5,779 (to Landlord)
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