Landlord Wins Rent Dispute: Kensington Manor v Nolan 2024
Brockville tenant ordered to pay $19709 in rent arrears or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
217 1375 Kensington Parkway, Brockville, ON K6V6C8
Decision in favor of
landlord
Balance Owed to Landlord
$19,709
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 9, 2024
Tenancy End Date
Apr 2024
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit by the hearing date.
Determinations
- Tenant's claims under section 82(1) not considered due to non-compliance with interim order
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,121.82 per month
- Tenant paid $2,188.96 since application filed
Arguments and Actions
Tenant
Actions
Tenant stated that due to a flood in her unit in August 2022, she was unable to occupy the rental unit and therefore should not be responsible for paying any rent for that period.
Decision Summary
Unless the Tenant voids the order by paying $20,957.08 by April 20, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $19,709.20, which includes rent arrears and the application filing fee. The Tenant must also pay daily compensation of $36.88 for each day of occupation starting March 28, 2024 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,122
Rent Arrears
$19,649
Application Fee
$186
Total Owing
$19,709 (Owed to Landlord)
Source
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