Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Endless Property Holdings v Parkinson, 2024 ONLTB 8082
File Number: LTB-L-062189-22-AM
Application Date
Oct 2022
Hearing Date
Jan 2024
Order Date
Sep 6, 2024
Landlord's application is dismissed. Landlord shall pay Tenant $6,005.33 for out-of-pocket expenses and $2,380.84 rent abatement. No rent owing to Landlord after offsets.
This is a long term tenancy of an elderly tenant who, despite the circumstances, has made efforts to pay her rent and has begun paying down the arrears. The Landlord's conduct, especially as it relates to its breach of maintenance obligations, is enough for this Board to refuse the Landlord's request for eviction.
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Landlord argued Tenant's moving expenses were not reasonably incurred.
Landlord did not intend to fix any issues in Tenant's unit until she vacated. Landlord delayed giving Tenant notice about required work and expected Tenant to move furniture around during the work period.
Tenant argued Landlord breached maintenance obligations under s.20 of the Act, and is entitled to rent abatement and reimbursement of out-of-pocket expenses.
Tenant is 81 years old and has lived in the rental unit for 25 years. Tenant declined Landlord's 'cash for keys' offers and was served an N13 notice. Tenant hired a moving company to move her belongings to storage to accommodate Landlord's work.
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Lawful Rent
$567
Rent Arrears
$2,767
Application Fee
$186
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