Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Lisa Barclay 2023
London tenant given conditional relief, ordered to pay $4286 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 450 Highland Ave, London, ON N6C5E1
Decision in favor of
landlord
Balance Owed to Landlord
$4,286
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 26, 2023
Tenancy End Date
Jun 2023
Dispute Summary
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $2,529.06 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit at the time of the hearing, and the Landlord was entitled to the rent arrears up to the hearing date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
The Tenant refused to disclose why she fell into arrears, but stated that her caseworkers will assist in getting the arrears paid.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the Tenant pays $5,668.69 by May 31, 2023 or $6,507.16 by June 30, 2023 to void the order. If the Tenant does not void the order, the Tenant must pay $4,286.05 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
The Tenant has resided in the unit for about five years and receives financial assistance from the Ontario Disability Support Program. Additional time is given to the Tenant to either secure alternative accommodation or pay the outstanding amount.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$838
Rent Arrears
$5,483
Application Fee
$186
Rent Deposit
$831
Deposit Interest
$16
Total Owing
$4,286 (Owed to Landlord)
Source
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