Landlord Loses Rent Dispute: Endless Property Holdings v Parkinson 2024
Elderly long-term tenant wins $8386 against landlord for maintenance breach in London rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1284 Gramercy Park Pl, London, ON N5W2E6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Jan 2024
Order Date
Sep 6, 2024
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $566.86 due on 1st of each month
- Tenant paid $5,877 to Landlord since application filed
- Rent arrears owing to 2024-01-31 are $2,767.24
- Landlord incurred $186 application filing costs
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant's moving expenses were not reasonably incurred.
Actions
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
Arguments
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.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
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.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$567
Rent Arrears
$2,767
Application Fee
$186
Source
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