Last updated: December 14, 2024
Ordered by Donna Adams,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$4,166
to Landlord
Agree with the ruling?
Citation: McConkey v McConkey, 2024 ONLTB 57522
File Number: LTB-L-074083-22
Tenancy End Date
Apr 2022
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Aug 1, 2024
The tenancy was terminated effective April 27, 2022, the date the tenants vacated the rental unit. The tenants are ordered to pay $4,165.80 to the landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and a rent abatement of $2,485.35 for the period from February 16, 2022 to April 27, 2022 due to the landlord's failure to properly address the maintenance issues following the kitchen fire.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on April 27, 2022, prior to the final hearing date.
Landlord initially believed the tenants would handle the cleanup following the fire, but later discovered the unit had not been properly cleaned.
Tenants argued that the landlord failed to properly address the maintenance issues following the kitchen fire, in breach of their obligations under the Residential Tenancies Act.
Tenants vacated the rental unit on April 27, 2022, after a kitchen fire on February 16, 2022 that made the unit uninhabitable.
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Lawful Rent
$1,200
Rent Arrears
$6,465
Application Fee
$186
Ordered Amount
$4,166 (to Landlord)
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