Landlord Wins Utility Arrears Case: GESTION RICHARD-JOLY INC. v O'Mahony 2023
Landlord wins $1784 in unpaid utility charges from Kanata tenant
Summarized by RentZenLast updated: September 12, 2024
Case Summary
58 Saddlesmith Circle, Kanata, ON K2M2Y9
Decision in favor of
landlord
Balance Owed to Landlord
$1,784
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
May 5, 2023
Dispute Summary
The landlord applied to terminate the tenancy and evict the tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant. The application was amended to also include the tenant's failure to pay utility costs that they were required to pay under the terms of the tenancy agreement.
Determinations
- Tenant still in possession of rental unit
- Landlord amended application to not seek termination based on N5 Notice
- Tenant consented to amend application to resolve unpaid utility costs
- Unpaid utility charges for Hot Water Heater rental from 2016-2020 totaled $1,783.97
- Previous order dismissed landlord's application but found error in determining unpaid utility charges were satisfied
- Tenant responsible for utility charges under tenancy agreement
- No application filing fee awarded to landlord
Case Study
The landlord's request to amend the application to not seek termination of the tenancy based on the N5 Notice was granted. The parties agreed to resolve the issue of unpaid utility costs. The tenant was responsible for the Hot Water Heater rental charges, and the landlord was entitled to claim the outstanding amount of $1,783.97 under Section 88.2 of the Residential Tenancies Act, 2006, despite the tenant's belief that the account was settled.
Arguments and Actions
Landlord
Arguments
Landlord argued that the $583.44 payment did not resolve the full outstanding utility arrears of $1,783.97.
Tenant
Arguments
Tenant argued that the payment of $583.44 to the landlord's agent resolved the outstanding utility arrears.
Actions
Tenant paid $583.44 to the landlord's agent, which they believed resolved the outstanding utility arrears.
Decision Summary
The tenant is ordered to pay the landlord $1,783.97 for unpaid utility charges for the Hot Water Heater rental. If the tenant does not pay the full amount by May 31, 2023, they will start owing interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Other Owed Amount
$1,784
Unpaid utility charges for Hot Water Heater rental
Total Owing
$1,784 (Owed to Landlord)
Source
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