Harlivleen Kaur Rakhra v Carlene Perkins - LTB Case Study
LTB grants tenant relief in Brampton breach of conditions case, allows payment plan for outstanding water bill
Summarized by RentZenLast updated: September 12, 2024
Case Summary
10 Portsdown Road, Brampton, ON L7A0P8
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
May 2023
Order Date
May 19, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant and for an order to have the tenant pay compensation for damage they owe because the tenant did not meet a condition specified in the order issued by the LTB on December 1, 2022 with respect to application LTB-L-016404-22. The tenant filed a motion to set aside order LTB-L-008449-23.
Determinations
- Landlord's application was filed within 30 days of the breach
- Tenant paid $6,578.36 to void the arrears order
- Tenant had not paid the outstanding water bill of $879.65
- Tenant paid $184.88 towards the water bill
- Tenant agreed to pay the balance of $694.77 in 3 installments
Case Study
The order provided that the landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the tenant to terminate the tenancy and evict the tenant if the tenant does not meet certain conditions in the order. The tenant was required to pay the landlord $6,578.36 on or before December 12, 2022 to void that part of the order, which the tenant did. However, the tenant had not paid the outstanding water bill. Considering the amount the tenant paid to void the arrears order, it was found fair to provide the tenant the opportunity to pay the balance and maintain the tenancy.
Arguments and Actions
Tenant
Actions
Tenant testified that she did not understand that paying the outstanding water bill was required and has paid $184.88 toward the total outstanding amount of $879.65. The Tenant further testified that she wants to pay the Landlord and agreed to pay the balance in three installments.
Decision Summary
The motion to set aside Order LTB-L-008449-23, issued on December 1, 2022, is granted on the condition the tenant has paid $184.88 on May 11, 2023. If the payment was made, Order LTB-L-008449-23 is set aside and cannot be enforced. The tenant shall pay the landlord the balance of the water bill of $694.77 in 3 installments. If the tenant fails to make the payments, the landlord can apply to the Board to terminate the tenancy and evict the tenant.
Reason for Eviction Relief
Tenant agreed to pay the outstanding water bill in installments
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Other Owed Amount
$880
Outstanding water bill
Total Owing
$695 (Owed to Landlord)
Source
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