Ottawa Community Housing v Mbombo
Last updated: March 4, 2025
Order
Ordered by Alexandre Traboulsi,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$6,412
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Ottawa Community Housing v Mbombo, 2024 ONLTB 82101
File Number: LTB-L-024387-24
Timeline
Application Date
Jun 2024
Hearing Date
Sep 2024
Order Date
Nov 27, 2024
Tenancy End Date
Jan 2025
Decision
The Board has no jurisdiction to intervene with the Tenant's rent-geared-to-income (RGI) eligibility decision made under the Housing Services Act, 2011. The Board ordered the tenancy terminated unless the Tenant voids the order by paying the outstanding rent arrears of up to $11,634 by January 6, 2025. If the Tenant does not void the order, they must vacate the unit by January 6, 2025.
Reason for Eviction Relief
The delayed eviction date will allow the Tenant additional time to either provide the documents requested by their Landlord to potentially reinstate their subsidy or to seek financial assistance in order to pay the arrears and continue the tenancy. In the alternative, the Tenant will have additional time to search for new housing accommodations.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had been residing in the rental unit since 2006 and relied on a rent subsidy to meet their rent obligations.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,080 due on 1st of each month
- Tenant paid $760 since application filed
- Rent arrears owing to 2024-09-30 are $7,128
- Landlord incurred $186 in filing costs
Landlord's Arguments
Actions and Evidence
Landlord testified that they have contacted the Tenant on multiple occasions to try to establish a payment plan and to request the missing documents to allow for a review of the Tenant's eligibility for rent-geared-to-income assistance.
Tenant's Arguments
Arguments
Tenant argued that they should not have lost their rent subsidy and that the monthly rent they are being charged is incorrect as a result of the lost subsidy.
Actions and Evidence
Tenant has been residing in the rental unit since 2006 and relies on the rent subsidy to meet their rent obligations. Tenant acknowledged receiving the Landlord's correspondences but thought they had already provided the required documents.
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Financial Details
Lawful Rent
$1,080
Rent Arrears
$7,128
Application Fee
$186
Ordered Amount
$6,412 (to Landlord)
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