Last updated: October 13, 2024
Ordered by Camille Clyne,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,103
to Landlord
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Citation: Sum v Robinson, 2024 ONLTB 1258
File Number: LTB-L-020204-23
Hearing Date
Dec 2023
Order Date
Jan 9, 2024
Tenancy End Date
Mar 2024
The Landlord's application is granted. The tenancy is terminated effective March 31, 2024. The Tenant owes the Landlord $917.28 for unpaid utilities, less the $1,598 the Landlord waived for March 2023 rent. The Landlord owes the Tenant $494.72. If the Landlord does not pay the Tenant by January 31, 2024, the amount owed can be applied to the February 2024 rent.
The Tenant has experienced unemployment due to COVID-19, has accumulated debt, and has a strong connection to the Newmarket community.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's daughter. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.
The Landlord acknowledged they wanted the Tenant to pay 100% of the utilities, but continued with the terms of the lease agreement.
The Tenant argued that the Landlord's daughter does not have a genuine intent to move into the rental unit as she just recently secured a job in Vaughan, not Newmarket.
The Tenant paid the March 2023 rent despite the Landlord's email waiving it.
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Lawful Rent
$1,598
Application Fee
$186
Other Amount
$917
Unpaid utilities
Ordered Amount
$1,103 (to Landlord)
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