Landlord Wins Non-payment Case: Singh v Downey 2023
Brampton landlord wins non-payment case, tenant granted conditional relief to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
53 Pentonville Rd, Brampton, ON L6R3R7
Decision in favor of
landlord
Balance Owed to Landlord
$14,991
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 8, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $1,550 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Arguments
Tenant requested that her tenancy be preserved and that she be granted a payment plan.
Actions
Tenant testified that she lost her job during the Covid-19 pandemic and since then has had 2 additional children; she has 4 children living with her.
Decision Summary
The tenancy will be terminated on September 29, 2023 unless the tenants pay $29,236 to void the order. If the tenancy is terminated, the tenants must pay $14,990.56 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit. The tenants must also pay daily compensation of $83.84 for each day of occupation starting May 10, 2023 until they vacate the unit.
Reason for Eviction Relief
The Tenant has 4 children living with her and lost her job during the Covid-19 pandemic. She cannot pay the rent as it falls due and cannot adhere to a repayment plan for the arrears of rent.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$2,550
Rent Arrears
$18,850
Application Fee
$186
Rent Deposit
$2,250
Total Owing
$14,991 (Owed to Landlord)
Source
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