Ottawa Community Housing v Ndombe - LTB Review Order

Dispute Summary

The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord's initial application was dismissed, and the landlord requested a review of the order.

Determinations

• The N4 Notice did not list payments made by the Tenant during the period of arrears claimed by the Landlord.
• The Landlord submitted that it was their practice to apply payments to the oldest arrears.
• The Board rejected this submission on the basis that if there were arrears that pre-date those dates listed in the N4 Notice, it means that the Landlord is not seeking an order for those arrears of rent.
• The Landlord's application was dismissed in the prior order.
• The Landlord requested a review of the order, alleging a serious error.
• The review hearing was presided by the same Member whose order is under review.
• The Landlord submitted that the payments are accounted for following generally accepted accounting principles where they are applied to the oldest arrears of rent.
• The Landlord confirmed that in this application they were not seeking to claim arrears of rent for any rental period prior to June 1, 2022.
• The Board found that the N4 notice is defective for not listing the payments made by the Tenant for the arrears of rent for the periods claimed by the Landlord.

Arguments and Actions