Rana v Cooper - LTB Sets Aside Eviction Order, Grants Tenant Relief
LTB sets aside eviction order, allows tenant to repay $15359 in arrears over 2 years
Summarized by RentZenLast updated: September 12, 2024
Case Summary
77 Ashgrove Avenue, Brantford, ON N3R6E6
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Apr 2023
Order Date
Nov 6, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants and for an order to have the tenants pay the rent they owe because the tenants did not meet a condition specified in the set aside order issued on October 11, 2022 with respect to application SOL-27502-22-SA. The tenants filed a motion to set aside order LTB-L-000462-23.
Determinations
- Tenant breached prior order SOL-27502-22-SA
- Landlord met criteria for ex parte order LTB-L-000462-23
- Board has discretion to set aside eviction order under 78(11)(b)
Case Study
The tenant breached order SOL-27502-22-SA by failing to make the November 2022 rent payment on time. The landlord met the criteria set out in subsection 78(1) of the Residential Tenancies Act, 2006 for obtaining the ex parte order LTB-L-000462-23. However, pursuant to subsection 78(11)(b) of the Act, the Board has discretion to set aside an eviction order even where the tenant has breached an order if having regard to all the circumstances, it would not be unfair to set aside the order.
Arguments and Actions
Landlord
Arguments
Landlord requested motion be denied due to tenant's breach of prior order
Tenant
Arguments
Tenant requests opportunity to preserve her long-term tenancy and housing for her and her children, and ability to repay arrears and maintain rent payments
Actions
Tenant breached prior order by not paying November 2022 rent on time due to personal circumstances, but now has stable employment and income to repay arrears and maintain rent payments
Decision Summary
The tenant's motion to set aside order LTB-L-000462-23 is granted. Order SOL-27502-22-SA issued on October 11, 2022 is cancelled and replaced with a new order. The tenants shall pay the landlord $15,359.00 for arrears of rent up to March 31, 2023 and filing cost, in accordance with a specified payment schedule. The tenants shall also pay new rent in full on or before the first day of each month for the period commencing December 1, 2023 to May 15, 2025, or until the arrears of rent are paid in full. If the tenants fail to make any one of the payments, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenants.
Reason for Eviction Relief
Tenant has long-term tenancy, housing insecurity for her and her children, and ability to repay arrears and maintain rent payments
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Rent Arrears
$15,359
Total Owing
$15,359 (Owed to Landlord)
Source
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