Tian v Willcocks - LTB Grants Conditional Relief to Tenants in Rent Dispute
LTB grants conditional relief to Whitby tenants in non-payment of rent dispute, allowing them to stay by paying a repayment plan
Summarized by RentZenLast updated: September 12, 2024
Case Summary
437 Prince of Wales Dr, Whitby, ON L1N6P3
Dispute resolved in
agreement
Balance Owed to Landlord
$8,918
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Jul 2023
Order Date
Aug 3, 2023
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,500 due on 7th of each month
- Tenants paid $5,000 since application filed
- Tenants received $1,900 credit for services
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing.
Arguments and Actions
Landlord
Arguments
Landlord's representative was not in favor of the Tenant's repayment plan request and asked for a standard order.
Tenant
Arguments
Tenants requested a repayment plan to pay off the arrears and continue living in the rental unit.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenants pay $1,000 per month from August 2023 to June 2024, and the remaining $386 by July 2024. The Tenants must also pay the monthly rent in full by the 7th of each month during this period. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Tenants offered to pay $1,000 extra per month to pay off the arrears
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$11,200
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$68
Total Owing
$8,918 (Owed to Landlord)
Source
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