Landlord Wins Non-payment Case: Verma v Brett 2023
Woodstock tenants ordered to pay $71136 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
729 Spitfire St, Woodstock, ON N4T0B1
Decision in favor of
landlord
Balance Owed to Landlord
$71,136
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Dec 12, 2023
Tenancy End Date
Dec 2023
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
- Tenants are 'tenants' within the meaning of the Act
- Board has jurisdiction despite parallel civil proceeding
- Landlord's application to amend claim granted
- Tenants have not paid rent since April 2021
- Rent arrears exceed Board's monetary jurisdiction
- Unfair to grant relief from eviction
Case Study
The Tenants are 'tenants' within the meaning of the Residential Tenancies Act, 2006 and the Board has jurisdiction to hear the application. The parallel civil proceeding claiming equitable ownership does not affect the Board's jurisdiction. The Board is only required to establish whether the Tenants are registered co-owners or have been found to be co-owners in a final judgment of the Superior Court, which is not the case here.
Arguments and Actions
Tenant
Arguments
Tenants argued the proceeding constitutes an abuse of process and the Board does not have jurisdiction because they filed an application in the Superior Court claiming equitable ownership.
Actions
Tenants have not paid rent since April 2021.
Decision Summary
The tenancy is terminated unless the Tenants pay $71,136 to void the order and continue the tenancy by December 23, 2023. If the Tenants do not pay, they must vacate the unit by December 23, 2023 and pay the Landlord $35,186, plus daily compensation of $70.68 per day starting November 23, 2023 until they vacate.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,150
Rent Arrears
$68,235
Application Fee
$186
Rent Deposit
$2,150
Deposit Interest
$207
Total Owing
$71,136 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.