Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Monies to be paid to Landlord
$11,450
Agree with the ruling?
Application Date (Estimate)
May 2023
Hearing Date
Dec 2023
Order Date
Mar 5, 2024
We estimate Application Date using rent arrears.
The Landlord served a valid N4 notice and the Tenants did not void the notice by paying the rent arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Landlord is granted a conditional order allowing the Tenants to pay the rent arrears and costs in installments over a period of 12 months, and to continue paying the lawful rent on time. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
The Tenant has paid the lawful rent when due in October 2023, November 2023, and December 2023 as a sign of good faith. Although the Tenant's monthly surplus income is negligible, the monthly housing benefit to be provided to the Tenant moving forward is sufficient to enter a payment plan of the rent arrears owing without setting the Tenant up for failure and not increase the financial prejudice to the Landlord.
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 were still in possession of the rental unit at the time of the hearing.
The Landlord's Representative testified that the rent arrears owing are substantial and represent 7.5 months of rent and attempts had been made each month for a payment plan to be established; however, there was no response from the Tenants. The landlord's Representative sought a standard eviction order.
The Tenant sought a conditional order in the form of a payment plan. The Tenant testified that she has been approved for a monthly housing benefit of $1,102.98 through the Social Services Division of the municipality which can be used for the payment of the rent arrears owing.
The Tenant, Ms. Sinclair-Senior testified that she was employed full-time as an Early Childhood Educator however when the pandemic occurred, her employment was reduced. Further, Ms. Sinclair-Senior testified that suffered covid anxiety and was unable to return to work as an Early Childhood Educator and as a result she transitioned into the role of a Personal Support Worker which is her current employment. The Tenant testified that because of the pandemic and her transition into another field, she had no income for a period of approximately one year.
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Lawful Rent
$1,598
Rent Arrears
$11,301
Application Fee
$186
Rent Deposit
$1,544
Deposit Interest
$37
Total Amount to Be Paid
$11,450 (To be paid to Landlord)
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Gloucester tenants face eviction for $22,257.05 in unpaid rent, given until January 31, 2025 to vacate.
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Hamilton landlord wins non-payment case, tenant ordered to pay $10,202.48 or face eviction.
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