Landlord Wins Non-payment Case: Hanna v Beggs 2024
London tenant evicted for non-payment of $22113 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
973 Dearness Drive, London, ON N6E1N6
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2023
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Aug 21, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenant Brittney Beggs had vacated the rental unit on August 25, 2023, prior to the hearing date.
Determinations
- KC vacated the rental unit in September 2020
- Landlord entered into new lease agreement with BB in October 2020
- Landlord served valid N4 Notice on BB
- BB did not void notice by paying arrears
- BB in possession on application date
- BB vacated on 2023-08-25
- Lawful rent $1,850 due 1st of each month
- No payments made since application filed
Case Study
The Board found that Kenneth Casemore was not a proper party to the application as he had vacated the rental unit in September 2020 and the Landlord had entered into a new lease agreement with Brittney Beggs. The Board determined that the Landlord's application should only proceed against Brittney Beggs as the Tenant.
Arguments and Actions
Tenant
Actions
Tenant Brittney Beggs vacated the rental unit on August 25, 2023.
Decision Summary
The tenancy between the Landlord and the Tenant Brittney Beggs is terminated as of August 25, 2023, the date the Tenant moved out of the rental unit. The Tenant shall pay the Landlord $22,112.73, which includes rent arrears owing up to the date the Tenant moved out and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,850
Rent Arrears
$23,903
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$126
Total Owing
$22,113 (Owed to Landlord)
Source
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