Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$35,186
to Landlord
Agree with the ruling?
Citation: Singh v Gilkes, 2025 ONLTB 4092
File Number: LTB-L-016710-24
Application Date (Estimate)
Jan 2024
Hearing Date
Jan 2025
Order Date
Jan 17, 2025
Tenancy End Date
Jan 2025
We estimate Application Date using rent arrears.
The tenancy will be terminated on January 31, 2025 unless the Tenants pay the full amount of $46,336 by that date to void the order. If the Tenants do not pay the full amount, the tenancy will be terminated and the Tenants must pay $35,186 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Considering the circumstances of the Tenants, the termination of the tenancy will be briefly extended to the end of January.
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.
Landlord argued the Tenants failed to comply with the Interim Order and that their claim for $33,000 in garage repairs was not credible.
Landlord denied ever receiving emails from the Tenants about rent payment. Landlord also denied being aware of any damage to the garage or being notified by the Tenants that repairs were needed.
Tenants argued they should be able to deduct the $33,000 in garage repairs from the rent owed.
Tenants claimed they had been emailing the Landlord to come pick up the rent money plus an additional $500 toward the arrears, but never received a response from the Landlord. Tenants also claimed they had to pay $33,000 for repairs to the garage due to a fallen tree.
Tenants failed to comply with the terms of the Interim Order, including providing information about their section 82 issues and evidence to support them.
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Lawful Rent
$3,500
Rent Arrears
$46,150
Application Fee
$186
Rent Deposit
$3,500
Deposit Interest
$176
Ordered Amount
$35,186 (to Landlord)
Click to switch between order outcomes
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