Skyline Living v Adeniyi - LTB Denies Review of Tenant Eviction Order
LTB denies review of order terminating Welland tenancy for non-payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
209 Willson Rd, Welland, ON L3C5R6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Tenancy End Date
Apr 2024
Order Date
Aug 28, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The matter was resolved by a consent order on April 29, 2024, terminating the tenancy on April 30, 2024. On May 28, 2024, a potential party, Brook Scottu, requested a review of the order, claiming she was a tenant and did not receive the notice of hearing.
Determinations
- Consent order terminated tenancy on April 30, 2024
- Brook Scottu was an occupant, not a tenant
- Landlord did not consent to adding Brook Scottu to the lease
- Tenant attended original hearing and was reasonably able to participate
- No serious error in the order to warrant a review
Case Study
The Board found that Brook Scottu was not a tenant and therefore not entitled to receive various notices or request a review of the order. The Board determined that the Tenant was reasonably able to participate in the original hearing, and there was no serious error in the order that would warrant a review.
Arguments and Actions
Landlord
Actions
Landlord's representative stated that the Tenant vacated the rental unit on April 30, 2024 and returned the keys. The Landlord did not consent to adding Brook Scottu to the lease.
Tenant
Actions
Brook Scottu claims she co-signed the tenancy agreement and is a tenant, not an occupant. She states she never received the Notice of Hearing for the April 29, 2024 hearing.
Decision Summary
The request for review of the order issued on May 8, 2024 is denied. The order is confirmed and remains unchanged. The interim order issued on May 28, 2024 is cancelled, and the stay of the original order is lifted.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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