Glen Oaks Co-Operative Homes Inc. v Hannam - LTB Ruling on Non-Payment and Misrepresentation
Oakville co-op terminates tenancy for non-payment of housing charges and misrepresentation of household income
Summarized by RentZenLast updated: November 5, 2024
Case Summary
Unit ****, 1180 Dorval Drive, Oakville, ON L6M3G1
Decision in favor of
landlord
Balance Owed to Landlord
$31,730
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Apr 2024
Order Date
Apr 22, 2024
Tenancy End Date
May 2024
Dispute Summary
The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member because the Co-op Member did not pay the regular monthly housing charges that the Co-op Member owed and because the Co-op Member knowingly misrepresented the Co-op Member's income or the income of other members of the Co-op Member's household.
Determinations
- Co-op Member failed to report income of household member FH
- Co-op Member served valid N4C Notice
- Co-op Member did not void notice by paying arrears
- Co-op Member owes $32,205 in housing charges to April 30, 2024
- Co-op Member owes $900 in late payment fees
- Co-op incurred $201 in application filing fees
- Co-op Member owed $349 in refundable deposits
Arguments and Actions
Tenant
Arguments
The Co-op Member alleged that she had lost the subsidy which had previously applied to her unit because of false information provided by the Co-op's Property Manager to the Halton Region.
Actions
The Co-op Member testified that she has no income outside of her social assistance income and cannot afford to pay the housing charges assessed against her.
Decision Summary
The Co-op Member's occupancy rights are terminated as of May 31, 2024 due to misrepresentation of household income and non-payment of housing charges. The Co-op Member can void the eviction order by paying $33,306 by April 30, 2024 or $34,719 by May 3, 2024. If the Co-op Member does not void the order, they must vacate the unit by May 31, 2024 and owe the Co-op $31,729.80 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$1,413
Rent Arrears
$32,205
Application Fee
$201
Rent Deposit
$349
Other Owed Amount
$900
Late payment fees
Total Owing
$31,730 (Owed to Landlord)
Source
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