Landlord Wins Non-payment Case: Denning v Pratt 2023
Ottawa tenants evicted for non-payment of rent, owe $5779 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1230 Pebble Rd, Ottawa, ON K1V8V4
Decision in favor of
landlord
Balance Owed to Landlord
$5,779
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 6, 2023
Tenancy End Date
Apr 2023
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $10,697 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and daily compensation for the continued occupation of the unit.
Arguments and Actions
Landlord
Actions
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.
Tenant
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
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.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,195
Rent Arrears
$8,053
Application Fee
$186
Rent Deposit
$2,195
Deposit Interest
$18
Total Owing
$5,779 (Owed to Landlord)
Source
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