First Rock Properties Ltd. v Wendy Collins and Shaneil Henry - 2023 ONLTB 47118
Landlord wins case against tenants for persistent late rent payments, tenancy terminated
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 515 Queen Victoria Drive, Hamilton, ON L8W1M9
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jun 29, 2023
Tenancy End Date
Jul 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to persistent late payment of rent. The application was resolved by a consent order, but the tenants later requested a review of the order and a stay of the order.
Determinations
- Tenants were in possession on application date
- Tenants persistently failed to pay rent since November 2021
- Rent arrears of $3,551.89 as of June 30, 2023
- Landlord entitled to $186.00 filing fee reimbursement
- Tenants owed $23.78 in rent deposit interest
- Eviction postponed to July 31, 2023
Case Study
The consent order mistakenly required the tenants to make two payments on May 19, 2023. The payment dates cannot be retroactively restored, so the application was heard de novo. The tenants have persistently failed to pay rent since November 2021, and the rent arrears amount to $3,551.89. The landlord is entitled to reimbursement of the $186.00 filing fee, and the tenants are owed $23.78 in interest on the rent deposit. Considering the circumstances, it would not be unfair to postpone the eviction until July 31, 2023 to give the tenants and their children time to find new accommodation.
Arguments and Actions
Tenant
Actions
Tenants have been struggling to pay the rent for a long time and failed to comply with a previous conditional order.
Decision Summary
The tenancy is terminated effective July 31, 2023. The tenants must vacate the unit by that date, and if they do not, the landlord may file the order with the Sheriff for enforcement starting August 1, 2023. The tenants owe the landlord $1,168.40, which includes rent arrears and the filing fee, minus the rent deposit and interest owed to the tenants. The tenants must also pay the landlord $62.57 per day for use of the unit from June 22, 2023 until they move out.
Reason for Eviction Relief
to give the Tenants and their children time to find new accommodation
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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Financial Details
Rent Arrears
$3,552
Application Fee
$186
Rent Deposit
$1,903
Deposit Interest
$24
Total Owing
$1,168 (Owed to Landlord)
Source
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