Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Nguyen v Francis, 2024 ONLTB 19697
File Number: LTB-L-065803-23
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
The Landlords' application is dismissed because the Landlords are in serious breach of their responsibilities under the Residential Tenancies Act by disconnecting the utilities in the rental unit. The Landlords are not permitted to evict the Tenant under these circumstances.
Landlords are in serious breach of the Act by disconnecting utilities
Landlords applied to terminate the tenancy and evict the Tenant because they require the rental unit for personal use by one of the Landlords. The Tenant disputed the Landlords' right to issue the N12 notice, as the lease agreement listed a corporation as the Landlord.
Landlords argued that they were suffering from financial hardship and could not pay the utilities.
Landlord testified that he could no longer afford to pay for the utilities and prioritized paying the mortgage.
Tenant testified that Landlords cut off gas, electricity and water on November 1, 2023.
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