Riverpark Non Profit Housing v Ascott - LTB Ruling on Breach of Mediated Settlement
Tenants evicted and ordered to pay over $8000 for breaching mediated settlement with landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1372 Harrison Street, Lasalle, ON N9H0B8
Decision in favor of
landlord
Balance Owed to Landlord
$8,117
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Apr 4, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to their failure to meet the conditions specified in the mediated settlement signed by the parties on a previous application.
Determinations
- Tenants failed to pay $300 towards arrears by February 21, 2023
- Tenants failed to pay $994 lawful rent by March 1, 2023
- Landlord entitled to order for payment of arrears owing
- Tenants owed $246 from previous mediated settlement
- Tenants failed to pay full rent from June 1, 2022 to March 30, 2023
Case Study
The mediated settlement provided that the Landlord could apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the Tenants to terminate the tenancy and evict the Tenants if they did not meet certain conditions. The Tenants failed to pay the full $300 towards arrears by the due date and failed to pay the full lawful rent of $994 by the due date, as required by the mediated settlement. Therefore, the Landlord was entitled to the order sought.
Decision Summary
The tenancy is terminated effective April 22, 2023. The Tenants must pay the Landlord $8,116.72, which includes rent arrears up to April 11, 2023 and the cost of filing the application. The Tenants must also pay the Landlord $32.68 per day for compensation for use of the unit starting April 12, 2023 until the Tenants move out.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$994
Rent Arrears
$7,871
Other Owed Amount
$246
Amount owing from previous mediated settlement
Total Owing
$8,117 (Owed to Landlord)
Source
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