NA-SH INVESTMENTS (LONDON) LIMITED v Heddington - 2023 ONLTB 30861
London landlord granted conditional relief from evicting tenants in rent arrears case
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 652 Hale St, London, ON N5W1H4
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 14, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants requested a review of the order and that the order be stayed until the request to review the order is resolved.
Determinations
- Tenants were not reasonably able to participate in the proceedings on January 16, 2023
- Tenants' request to review was granted
- Landlord's application was heard de novo
- Tenants do not dispute receiving the Notice of Hearing for the hearing on January 16, 2023
- Tenants made an honest mistake and mixed up the hearing date
- Tenants are entitled to a hearing as they never had an opportunity to be heard
- Tenants are in possession of the rental unit
- Lawful monthly rent is $794.38 as of January 1, 2023
- Landlord is holding a last month's rent deposit of $775.00
- Tenants have paid $3,326.00 since the application was filed
- Amount outstanding to March 31, 2023, inclusive of rent arrears ($6,032.14) and costs ($186.00), is $6,218.14
Case Study
The Tenants were not reasonably able to participate in the proceedings that took place on January 16, 2023. The Tenants' request to review was granted and the Landlord's application was heard de novo. The Tenants proposed a reasonable payment plan that would have the arrears paid within 5 months. Granting relief from eviction subject to the conditions is reasonable in the circumstances.
Arguments and Actions
Landlord
Tenant
Actions
Tenants made an honest mistake and mixed up the hearing date.
Decision Summary
The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the specified payments to the Landlord by the due dates. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges.
Reason for Eviction Relief
Tenants' finances and precarious employment over the past year, general rental housing market and the hardships the Tenants face in finding affordable housing
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$794
Rent Arrears
$6,032
Application Fee
$186
Rent Deposit
$775
Total Owing
$6,218 (Owed to Landlord)
Source
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