Hollyburn Properties Limited v Agidigbi - LTB Ruling on Persistent Late Rent Payments
Landlord granted conditional order to terminate tenancy for persistent late rent payments, tenant given chance to preserve tenancy
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1294 Islington Ave, Etobicoke, ON M9A3K2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Mar 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice of termination, alleging the Tenant paid rent late 7 times in the last 8 months.
Determinations
- Landlord served valid N8 notice
- Tenant was in possession on application date
- Tenant persistently paid rent late as stated in N8 notice
- Tenant continued to pay rent late after application filed
Arguments and Actions
Tenant
Actions
Tenant has persistently paid rent late, with 7 late payments in the last 8 months.
Decision Summary
The Landlord's application is granted subject to conditions. The tenancy will continue if the Tenant pays the March 2024 rent by March 22, 2024 and pays rent on time for the next 12 months. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Landlord wishes to give Tenant an opportunity to preserve the tenancy
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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