Landlords Win in Kulikowski v Home2Home Properties LTB Case: Kulikowski v Home2Home Properties 2024
Tenants' applications dismissed due to failure to comply with LTB interim order to amend applications
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1091 Felix Avenue, Windsor, ON N9C3L6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Feb 2024
Order Date
Feb 26, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys; substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household; and failed to meet the Landlords' maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing, or maintenance standards.
Determinations
- Tenants did not name the proper Landlord in the applications
- Tenants did not comply with the interim order to amend the applications
- Tenants did not provide proper notice to the correct Landlord
- Further adjournment would be prejudicial to the improperly named Landlords
Arguments and Actions
Landlord
Tenant
Procedural Errors
Tenants did not comply with interim order to amend applications
Decision Summary
The Tenants' applications were dismissed as they did not comply with the interim order to amend the applications to name the proper Landlord, Alex Abes. The Tenants were given over 14 months to comply with the order and did not do so. Further adjournment was denied as it would be prejudicial to the improperly named Landlords.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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