Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$10,858
to Landlord
Agree with the ruling?
Citation: IMH POOL VI -A LP v Rattray, 2025 ONLTB 3975
File Number: LTB-L-037541-24
Application Date
Sep 2024
Hearing Date
Jan 2025
Order Date
Jan 13, 2025
The Landlord's application to terminate the tenancy and evict the Tenant due to non-payment of rent is granted, but the Tenant is granted conditional relief from eviction. The Tenant is ordered to pay the rent arrears of $10,857.69 in installments, and to pay new rent on time and in full. If the Tenant fails to make any of the required payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
Tenant is 93 years old, has cognitive issues, and has been a long-term tenant of the Landlord. The Tenant's support has submitted that they are working to help the Tenant address his financial issues.
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant is 93 years old, has cognitive issues, and has been a tenant of the Landlord since 2002. The Tenant fell into arrears in May 2024 due to failing to file his taxes, which resulted in a reduction of his pension. The Tenant's support submitted that they have been trying to assist the Tenant, and an expedited request for Community Care Access Support has been submitted to help the Tenant address his financial issues.
Landlord requests a standard order as the arrears and the Tenant's lack of payments affect the Landlord's ability to continue running their business.
Landlord submitted that the Tenant has not demonstrated that he can sustain the unit, and that the back payments the Tenant believes he will get from his pension are not guaranteed.
Tenant requests a payment plan of $415.00 per month, commencing March 1, 2025, and a 6-month delay in eviction due to his age, long-term tenancy, and lack of family support.
Tenant is 93 years old, has cognitive issues, and has been a tenant of the Landlord since 2002. Tenant fell into arrears in May 2024 due to failing to file his taxes, which resulted in a reduction of his pension.
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Lawful Rent
$1,181
Rent Arrears
$10,672
Application Fee
$186
Rent Deposit
$1,055
Deposit Interest
$18
Ordered Amount
$10,858 (to Landlord)
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