Landlord Wins Utility Cost Dispute: Real Property Management Gateway v Common 2024

Dispute Summary

The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenant, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Landlords also applied for an order requiring the Tenants to pay the Landlords' reasonable out-of-pocket expenses that are the result of the Tenants' failure to pay utility costs they were required to pay under the terms of the tenancy agreement.

Determinations

• This application is solely about utility costs that the Landlords claim the Tenants owe up to September 30, 2023, which is the date that the tenancy was terminated and the Tenants vacated the rental unit.
• The Landlords have filed a lease that shows that the Tenants were responsible to pay 40% of the utility costs of the rental complex, which included gas and hydro.
• The Landlords' Representative indicated that, despite the terms of the lease, the Tenants failed to pay utilities from February 2022 up until the tenancy was terminated on September 30, 2023.
• The N5, which was served on the Tenants, indicated that the Tenants owed $2,243.32. As of the date of the application, this amount increased to $2,433.96. As of September 30, 2023, that amount increased to $3,375.36.
• The Landlords submitted utility bills from Enbridge (gas) and Newmarket Hydro in support of their application. The Landlords also submitted a ledger breaking down what the Tenants owed for these two utilities.
• I am satisfied with the Landlords submissions that the Tenants owe $3,375.36 for gas and hydro, with is 40% of the utility costs up to September 30, 2023.
• The Landlords are also entitled to their filing fee of $186.00.

Arguments and Actions