Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$9,686
to Landlord
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Citation: Sivaganesanathan v Brown, 2024 ONLTB 68646
File Number: LTB-L-073401-23
Application Date
Sep 2023
Hearing Date
Sep 2024
Order Date
Sep 16, 2024
The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent is granted, subject to the Tenant making the required payments under the conditional order. The Tenant raised a valid issue under section 82 regarding the Landlord's failure to repair the fridge, and the Landlord was ordered to pay the Tenant $1,000 for the costs incurred.
Tenant demonstrated ability to repay arrears using child tax benefit, and has complied with interim order to pay rent on time
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 on the hearing date.
Landlord's Representative opposed Tenant's request for conditional relief, stating that the arrears are prejudicial to the Landlord.
Landlord relies on the rent to pay for her own expenses, including mortgage and property taxes, and is experiencing financial difficulty due to the arrears.
Tenant requested conditional relief from eviction in the form of a payment plan, arguing that she can use her child tax benefit to repay the arrears.
Tenant fell behind in rent due to job loss, but is now employed. Tenant has 4 children and a sick mother-in-law.
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Lawful Rent
$2,400
Rent Arrears
$10,500
Application Fee
$186
Ordered Amount
$9,686 (to Landlord)
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