Mayne v Powers - Landlord Wins Safety Dispute at LTB
Landlords win LTB case over tenant's improper use of extension cords, avoid eviction with conditions
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 180 Ross St, St Thomas, ON N5R3Y3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Hearing Date
Feb 2024
Order Date
Jun 5, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenants due to allegations that the Tenants, another occupant, or someone the Tenants permitted in the residential complex seriously impaired the safety of any person and wilfully caused undue damage to the premises.
Determinations
- Landlords proved grounds for termination on a balance of probabilities
- Tenants seriously impaired safety by using extension cords as permanent wiring
- Tenants have taken steps to rectify the situation, extension cords no longer a safety issue
- Landlords incurred $186 in application filing costs
- Parties have history of conflicts, only N7 notice considered in this decision
- No evidence of wilful damage, no dollar amount claimed
Arguments and Actions
Landlord
Actions
Landlords allege the receptacle has been modified since the inspection date.
Tenant
Actions
Tenants say they have addressed all issues with the receptacle and it meets fire code.
Decision Summary
The tenancy continues subject to conditions that the Tenants shall not use extension cords as permanent electrical supply and shall not modify electrical outlets without permission. If the conditions are breached, the Landlords may apply for an order terminating the tenancy and evicting the Tenants. The Tenants shall pay the Landlords $186 for the application filing cost.
Reason for Eviction Relief
Eviction should only be ordered if it is not possible to bring a tenancy back into good standing, which is not the case here.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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