Khaira v Quillman - LTB Ruling on Persistent Late Rent Payments
LTB grants conditional relief to London tenants facing eviction for persistent late rent payments
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2 Sterling St, London, ON N5Y1Y4
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2023
Order Date
Aug 4, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a notice to terminate on February 14, 2023 with a termination date of April 30, 2023. The parties did not dispute that the Tenant paid rent late 18 times between January 2022 and July 2023.
Determinations
- Landlord served valid N8 Notice
- Tenants persistently failed to pay rent on time
- Tenancy is month-to-month
- Rent due on 1st of each month
- No last month's rent deposit
Case Study
The Landlord was seeking termination due to the Tenants' long history of not paying rent on time. The Landlord is a small landlord and requires the rent in full and on time to maintain the residential complex. The Tenant explained that the delayed payments were due to unforeseen expenses, but the Tenant purposely withheld rent/did not pay on time. Although this is not a positive consideration, termination is the remedy of last resort, and the Tenant should be given another opportunity to continue the tenancy provided they meet the conditions set out in the order.
Arguments and Actions
Landlord
Arguments
Tenancy should be terminated due to persistent late payment of rent
Tenant
Arguments
Tenancy should not be terminated
Actions
Tenant's delayed payments resulted from unforeseen car repairs and other utility expenses. Tenant did not feel right paying rent in full due to cockroach infestation issue.
Aggravating Factors
Tenant purposely withheld rent/did not pay on time
Decision Summary
The tenancy between the Landlord and the Tenant continues on the condition that the Tenant pays the August 2023 rent in full by August 15, 2023, and pays the full monthly rent on or before the first day of each month, commencing September 1, 2023 and for 12 months thereafter up to and including July 1, 2023. If the Tenant fails to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant likely able to pay rent in full and on time
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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