Fernandez v Dennis - LTB Ruling on Persistent Late Rent and Personal Use Eviction
LTB denies landlord's personal use eviction, grants conditional order for persistent late rent payments in Brantford case
Summarized by RentZenLast updated: September 12, 2024
Case Summary
47 Osijek Cres, Brantford, ON N3P1Z4
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Aug 9, 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent and the Landlords' agreement of purchase and sale of the rental unit, where the purchaser requires possession for personal use.
Determinations
- Tenant persistently failed to pay rent on time
- N8 notice was valid
- N12 notice was invalid
- Landlord compensated Tenant for N12 notice
- Tenant must pay rent on time going forward
Case Study
The N8 notice for persistent late payment was valid, but a conditional order is appropriate given the Tenant's efforts to improve their financial situation. The N12 notice for personal use was invalid as the purchaser's declaration did not meet the requirements of the Act.
Arguments and Actions
Landlord
Actions
Landlord stated she permitted Tenant to pay rent in two payments on one occasion due to Tenant's financial status, but this was not an ongoing arrangement. Landlord reminded Tenant rent was due on the 1st.
Tenant
Actions
Tenant testified she fell on hard times during the pandemic and could only pay rent by splitting payments on the 1st and 20th of each month. She is now employed and understands rent is due on the 1st.
Decision Summary
The Landlords' application for eviction based on the N12 notice is dismissed. The Landlords' application based on the N8 notice is denied, but a conditional order is issued requiring the Tenant to pay rent on time going forward. The Tenant must repay the compensation paid for the invalid N12 notice.
Reason for Eviction Relief
Tenant has taken initiative to improve their financial situation and can now pay rent on time
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$1,650
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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