Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$6,930
to Landlord
Agree with the ruling?
Citation: Hazelview Property Services Inc v Flitton, 2024 ONLTB 64875
File Number: LTB-L-037709-24
Application Date
May 2024
Hearing Date
Aug 2024
Order Date
Sep 6, 2024
Tenancy End Date
Nov 2024
The tenancy is terminated unless the tenant voids the order by paying $8,541.98 by September 30, 2024, $9,816.84 by October 31, 2024, or $11,091.70 by November 30, 2024. If the tenant does not void the order, the tenant must pay $6,930.22 to the landlord and vacate the unit by November 30, 2024. The landlord is entitled to daily compensation of $41.91 from August 27, 2024 until the tenant vacates.
Tenant has serious medical condition and limited income, and is expecting disability tax credit and assisted housing soon
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Landlord is seeking a standard order because the tenant has made only one small payment since the application was filed. The Landlord's representative submitted that the tenant's plan is opposed because it is not viable according to the Landlord's representative, with an L4 application due to a breach of the order terms resulting in eviction a certainty.
Tenant seeks relief by way of a payment plan on the basis of his serious medical condition.
Tenant testified that he receives disability income only slightly greater than the monthly rent since his illness began a year ago, which is the reason for his arrears. He is expecting a disability tax credit on November 25, 2024 and has applied for assisted housing.
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Lawful Rent
$1,275
Rent Arrears
$7,081
Application Fee
$186
Rent Deposit
$130
Deposit Interest
$22
Ordered Amount
$6,930 (to Landlord)
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