Ding v Hercules - Landlord Wins Persistent Late Payment Case
Landlord granted conditional order to terminate tenancy in Bradford due to persistent late rent payments
Summarized by RentZenLast updated: October 13, 2024
Case Summary
82 McCann Cres, Bradford, ON L3Z0M5
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Jul 24, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice on the Tenants, and the Tenants agreed that they had paid rent late as alleged in the notice.
Determinations
- Landlord served valid N8 notice
- Tenants were in possession on application date
- Tenants agreed to persistent late payment of rent
- Tenancy is month-to-month with rent of $3,215.40
Arguments and Actions
Landlord
Arguments
Landlord's Representative opposed the Tenant's request for relief, as the late payments have caused financial hardship to the Landlord.
Tenant
Actions
Tenant testified that the late payments were due to having to travel for 2 deaths in the family, and that both Tenants are now working full-time and able to pay rent on time going forward.
Decision Summary
The Landlord's application is granted subject to conditions. The tenancy will continue if the Tenant pays rent on time from August 2024 to July 2025. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant must pay the Landlord's application filing fee of $186.
Reason for Eviction Relief
Tenant's employment has changed, and with both Tenants now working full-time, the Tenant testified that they are able to pay the rent on time as it falls due, and they understand the obligation to do so.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$3,215
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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