Nazi v Hillis - LTB Ruling on Substantial Interference and Persistent Late Payment
LTB grants conditional relief to tenants in Hamilton rental dispute involving substantial interference and persistent late payment
Summarized by RentZenLast updated: September 12, 2024
Case Summary
42 Fonthill Rd, Hamilton, ON L9C6A2
Dispute resolved in
agreement
Balance Owed to Landlord
$1,796
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Aug 2023
Order Date
Oct 26, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to substantial interference with the landlord's reasonable enjoyment and persistent late payment of rent. The landlord also claimed compensation for the tenant's conduct that substantially interfered with the landlord's reasonable enjoyment.
Determinations
- Tenancy began on 2018-05-01
- Lawful monthly rent is $1,800
- Tenant last paid rent from 2021-12-01 to 2022-11-01
- Tenant has paid rent on time since 2022-12-01
- Tenant failed to pay utilities, levied against landlord's property tax
- Similar issues resolved in 2020 by payment agreement
Case Study
The landlord and tenant agreed to the facts, including that the tenant was last paying rent from December 2021 to November 2022 but has paid on time since December 2022. The tenant acknowledged running into financial trouble and health issues, some due to COVID-19, but stated things are now better. The adjudicator found it would not be unfair to grant relief from eviction subject to conditions.
Arguments and Actions
Landlord
Arguments
Landlord feels the tenant has shown a pattern of behavior, where they are given an order from the Board but after the terms are finished, they breach again and do not keep their part.
Tenant
Arguments
Tenant requested 6 months to 1 year to find a new place due to health issues and stress.
Actions
Tenant acknowledged running into financial trouble and health issues, some due to COVID-19, but stated things are now better.
Decision Summary
The tenancy will continue if the tenant meets the conditions set out in the order, which include paying utility bills on time and in full, paying the outstanding utility bills and application filing fee by November 25, 2023, and paying rent on time and in full from November 2023 to October 2024. If the tenant fails to comply with the conditions, the landlord may apply to terminate the tenancy and evict the tenant.
Reason for Eviction Relief
Tenant's health issues and need for time to find new place
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,800
Application Fee
$186
Rent Deposit
$1,800
Damages
$1,610
Total Owing
$1,796 (Owed to Landlord)
Source
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