M.F. Arnsby Property Management Ltd. v Harvie - LTB Ruling on Rent Arrears
LTB grants landlord relief from eviction in rent arrears case, orders structured payment plan
Summarized by RentZenLast updated: September 12, 2024
Case Summary
43 Huron St, London, ON N5Y4K6
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Dec 2022
Order Date
Jan 3, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The application was resolved by an order issued on October 10, 2022. The tenant requested a review of that order, which was heard on December 22, 2022.
Determinations
- Tenant did not receive notice of previous hearing
- Rent arrears of $12,360.00 up to December 31, 2022
- Landlord incurred $186.00 in filing costs
- Relief from eviction granted due to circumstances
Case Study
The Tenant was not reasonably able to participate in the previous proceedings because she did not receive the notice of hearing. The Tenant did not contest the rent arrears of $12,360.00 up to December 31, 2022. The Landlord incurred $186.00 in filing costs. Considering the circumstances, including the best interests of the four children living in the rental unit, relief from eviction was granted subject to a payment plan.
Arguments and Actions
Tenant
Procedural Errors
Tenant did not receive notice of previous hearing
Decision Summary
The request to review the previous order is granted, and the previous order is cancelled and replaced by this order. The tenant shall pay the landlord $12,546.00 for rent arrears and costs, in accordance with a payment plan. If the tenant fails to make any of the payments, the landlord may apply to the LTB for an order terminating the tenancy and evicting the tenant.
Reason for Eviction Relief
Considering the difficult circumstances, including the best interests of the four children living in the rental unit, relief from eviction was granted subject to a payment plan.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Rent Arrears
$12,360
Application Fee
$186
Total Owing
$12,546 (Owed to Landlord)
Source
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