Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
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Citation: Tompkins v Mcnicoll, 2024 ONLTB 67201
File Number: LTB-L-078979-22-RV
Application Date
Dec 2022
Hearing Date
Sep 2024
Order Date
Sep 20, 2024
Tenancy End Date
Sep 2024
The Landlord's claim for persistent late payment of rent was proven, and the tenancy is terminated effective September 30, 2024. The Landlord's claim for serious impairment of safety was dismissed due to lack of evidence. The Tenant owes the Landlord $24,342.79, less any rent already paid, which must be paid by September 30, 2024. If not paid, the Tenant will owe interest at 7% annually starting October 1, 2024.
To give the Tenant's family, who are caring for the Tenant's children, time to find suitable accommodation
Landlord applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent and serious impairment of safety. The Tenant requested a review of the initial order, which was granted. The review hearing was held, and the Landlord's claim for persistent late payment was proven, but the claim for serious impairment of safety was dismissed.
Landlord testified that the Tenant's dog has attacked the neighboring tenant and their family multiple times, but the Landlord did not have eyewitness accounts or evidence of injuries.
Tenant has persistently paid rent late, with 24 late payments in the past 24 months. Tenant has not paid rent since February 2024.
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Lawful Rent
$1,234
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$121
Ordered Amount
$24,343 (to Landlord)
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