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Summarized by RentZenLast updated: September 12, 2024
250 Hickory Street South, Whitby, ON L1N9G8
Dispute resolved in
agreement
Previous Order
Overturned
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Application Date
Feb 2023
Hearing Date
Jun 2023
Order Date
Jun 21, 2023
The landlord applied for an order to terminate the tenancy and evict the tenants and for an order to have the tenants pay the rent they owe because the tenants did not meet a condition specified in the order issued by the LTB on February 7, 2023 with respect to application LTB-L-035843-22. The tenants filed a motion to set aside the order LTB-L-025486-23.
The order provides 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 condition(s) in the order. The tenants agree they are in breach of the conditions set out. The tenants were ordered to pay $8,837.00, and as of the date of the hearing they owe $9,683.00, which does not include June 2023 rent. The tenants testified that they paid $2,065.00 on the day of the hearing, but this payment could not be verified by the landlord. The relief granted will be conditional on the payment being made in full.
Tenants testified they paid $2,065.00 on the day of the hearing, but this payment could not be verified by the landlord.
The motion to set aside Order LTB-L-025486-23, issued on February 7, 2023, is granted on the condition the landlord is paid $2,065.00 as the tenants testified to at the hearing. If the payment is made, Order LTB-L-025486-23 is set aside and cannot be enforced. If the payment is not made, the set aside motion is denied and the stay is lifted immediately. If the payment is made, Order LTB-L-035843-22 is cancelled and replaced with a new order requiring the tenants to pay $8,685.00 in installments, and to pay the lawful rent on time going forward. If the tenants fail to make the required payments, the landlord can apply to the Board without notice to terminate the tenancy and evict the tenants.
Tenants agreed to pay arrears in installments
LTB Member
775
77.2%
10.3%
12.5%
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Rent Arrears
$9,683
Total Owing
$9,683 (Owed to Landlord)
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