Landlord Wins Utility Cost Dispute: Gao v Phillips 2023
Breslau tenants ordered to pay $7314 to landlords for unpaid utility costs
Summarized by RentZenLast updated: September 12, 2024
Case Summary
219 Townsend Dr, Breslau, ON N0B1M0
Decision in favor of
landlord
Balance Owed to Landlord
$7,500
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 16, 2023
Dispute Summary
Landlords applied for orders to terminate the tenancy and evict the Tenants due to non-payment of rent and persistent late payment of rent. The Landlords also applied for an order requiring the Tenants to pay the Landlords' reasonable out-of-pocket expenses for unpaid utility costs.
Determinations
- Tenants had credit balance as of April 28, 2022
- L1 application for non-payment discontinued
- N8 notice had invalid termination date
- L2 application for persistent late payment dismissed
- Tenants responsible for unpaid utility costs
Case Study
The Landlords' L1 application for non-payment of rent was discontinued as the Tenants had a credit balance as of April 28, 2022. The Landlords' L2 application for persistent late payment was dismissed as the N8 notice had an invalid termination date. The Tenants were ordered to pay the Landlords' out-of-pocket expenses for unpaid utility costs.
Decision Summary
The Landlords' L2 application for persistent late payment was dismissed. The Tenants were ordered to pay the Landlords $7,314 for unpaid utility costs and $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Application Fee
$186
Other Owed Amount
$7,314
Unpaid utility costs
Total Owing
$7,500 (Owed to Landlord)
Source
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