Landlord Wins Rent Arrears Case: Kaur v Awong 2023
Brampton tenant ordered to pay $64883 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
14 Alderbury Crescent, Brampton, ON L6T1P6
Decision in favor of
landlord
Balance Owed to Landlord
$64,883
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2020
Hearing Date
May 2021
Order Date
Dec 13, 2023
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant filed a counter-application alleging the Landlord substantially interfered with the reasonable enjoyment of the rental unit, harassed the Tenant, and withheld or interfered with vital services.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,300 per month
- Tenant paid $19,325 to Landlord since filing
- Tenant paid $10,800.07 to LTB in trust
Case Study
The N4 notice was valid as the rental unit was the entire house, not just the main floor. The Landlord substantially interfered with the Tenant's ability to find a roommate to help pay rent, and failed to provide the Tenant access to the basement for a period of time, warranting abatements. However, the Tenant was responsible for the gas being shut off and the Landlord acted reasonably once informed of the issues with the hot water and furnace.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on September 8, 2022, prior to the hearing date.
Decision Summary
The tenancy is terminated unless the Tenant pays $64,882.98 by January 24, 2024. If the Tenant does not pay, they must vacate the unit by January 24, 2024. The Tenant is also ordered to pay $16,088.85 to the Landlord, which includes rent arrears, application fees, and an abatement for the Landlord's interference.
Reason for Eviction Relief
To allow the Tenant additional time to find a new place to live due to the presence of 3 school-aged children in the unit.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$34,702
Application Fee
$186
Rent Deposit
$2,800
Deposit Interest
$201
Total Owing
$64,883 (Owed to Landlord)
Source
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