Starlight Canadian Residential Growth Fund III v Kelly - LTB Ruling on Tenant Review Request
LTB denies tenant's request to review order terminating tenancy for non-payment of rent in Kingston
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 90 Curtis Cres, Kingston, ON K7M5V6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Nov 2023
Order Date
Dec 12, 2023
Tenancy End Date
Dec 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The application was resolved by an order issued on August 29, 2023 following an uncontested hearing. The tenant later requested a review of the order and a stay of the order until the review is resolved.
Determinations
- Tenant Representative submitted Request for Review should be granted as Tenant wasn't reasonably able to attend previous hearing
- Tenant testified she never received Notice of Hearing due to not having access to mailbox since March 2023
- Tenant had lost mailbox key on several occasions with previous landlord, but new landlord charged $70 to replace it
- Tenant didn't pay $70 to replace key as majority of bills came electronically and rent paid by ODSP
- Landlord Representative submitted Tenant's inability to participate was due to their own negligence, not Landlord's fault
- Adjudicator agreed Tenant's own negligence led to them not being able to participate in previous hearing
- Adjudicator denied Tenant's request for review
Case Study
The tenant representative argued that the tenant was not reasonably able to attend the previous hearing due to not having access to her mailbox. However, the adjudicator found that the tenant's own negligence in not replacing the lost mailbox key was the reason for her absence, and that a person cannot render themselves immune to Board proceedings by not checking their mail. The adjudicator denied the tenant's request for review.
Arguments and Actions
Landlord
Arguments
Landlord Representative submitted the Tenant's inability to participate was due to their own negligence, not the Landlord's fault, and that a person cannot render themselves immune to Board proceedings by not checking their mail.
Tenant
Arguments
Tenant Representative argued the Request for Review should be granted as the Tenant was not reasonably able to attend the previous hearing.
Actions
Tenant testified she never received the Notice of Hearing due to not having access to her mailbox since March 2023. She also testified that she had lost her mailbox key on several occasions and the new landlord charged $70 to replace it, which she did not pay as it was not a priority.
Decision Summary
The request to review the order issued on August 29, 2023 is denied. The order is confirmed and remains unchanged. The interim order issued on October 10, 2023 is cancelled, and the stay of the August 29, 2023 order is lifted effective December 31, 2023 to afford the tenant the opportunity to find a new rental unit.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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