Rintoul v Russell - Landlord and Tenant Board Sets Aside Termination Agreement
LTB sets aside termination agreement, allows tenants to remain in Wasaga Beach rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
20 Acorn Crescent, Wasaga Beach, ON L9Z1L6
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2023
Order Date
Jul 13, 2023
Dispute Summary
The landlords and tenants entered into an agreement to terminate the tenancy as of February 28, 2023. The tenants filed a motion to set aside the order issued on March 10, 2023 without a hearing.
Determinations
- Landlords and tenants entered into an agreement to terminate tenancy as of February 28, 2023
- Agreement to terminate tenancy is void under subsection 37(5) of the Act
- Agreement to terminate tenancy is also void under section 50 of the Act
Case Study
The agreement to terminate the tenancy is void on two grounds: 1) it contravened subsection 37(5) of the Residential Tenancies Act, 2006 as it was entered into at the time the tenancy agreement was entered into, and 2) it contravened section 50 of the Act and was therefore void by operation of section 4 of the Act.
Decision Summary
The motion to set aside order LTB-L-018999-23 is granted. The agreement to terminate the tenancy is void, and the order issued on March 10, 2023 is set aside.
Reason for Eviction Relief
The agreement to terminate the tenancy is void under the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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