Nguyen v Francis - Landlord Loses Eviction Case Due to Utility Disconnection
Landlords' eviction application dismissed due to serious breach of disconnecting utilities in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1091 Chatham St E, Windsor, ON N9A2Y3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
Dispute Summary
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.
Determinations
- Landlords are the owners of the property, not a corporation
- Landlords have good faith intention to occupy the unit
- Landlords failed to properly compensate Tenant as required
- Landlords are in serious breach of the Act by disconnecting utilities
Arguments and Actions
Landlord
Arguments
Landlords argued that they were suffering from financial hardship and could not pay the utilities.
Actions
Landlord testified that he could no longer afford to pay for the utilities and prioritized paying the mortgage.
Tenant
Actions
Tenant testified that Landlords cut off gas, electricity and water on November 1, 2023.
Decision Summary
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.
Reason for Eviction Relief
Landlords are in serious breach of the Act by disconnecting utilities
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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