Landlord's Rent Application Dismissed: Siu v Ng 2024 LTB Case
Landlord's rent application dismissed due to invalid notices and lack of rent arrears evidence
Summarized by RentZenLast updated: November 14, 2024
Case Summary
755 Cornell Rouge Blvd, Markham, ON L6B0K2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Jun 2024
Order Date
Sep 4, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for non-payment of rent. Multiple N4 notices were issued, but were found to be invalid due to confusing and incorrect rent claims.
Determinations
- N4 notices were invalid
- Rent amount is $1,300 per month
- Tenant paid January 2024 rent before application
- No rent arrears at time of application
Case Study
The N4 notices were found to be invalid as they did not correctly claim rent arrears and were based on an incorrect assumption about compensation for an unauthorized occupant.
Arguments and Actions
Landlord
Actions
Claimed $60 per week for unauthorized occupant, issued multiple confusing N4 notices
Procedural Errors
Issued invalid N4 notices, attempted improper compensation claim
Aggravating Factors
Attempted to claim unauthorized compensation, issued confusing N4 notices
Tenant
Actions
Paid January 2024 rent before application was filed
Decision Summary
The Landlord's application was dismissed because the N4 notices were invalid and the Tenant was not in rent arrears when the application was filed.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Lawful Rent
$1,300
Source
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