Landlord Wins Non-payment Case: Virhia v Macgillivary 2024
Brampton tenants granted conditional relief to pay $14476 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
54 Langston Dr, Brampton, ON L6V3W7
Decision in favor of
landlord
Balance Owed to Landlord
$14,476
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Jan 2024
Order Date
Feb 22, 2024
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord opposed the Tenant's payment plan request and submitted that he is prejudiced by the large arrears, and believes the Tenant cannot afford the rental unit and will default on the conditional order.
Tenant
Arguments
Tenant argued that the maintenance issues in the unit, including fire code violations, warrant relief from eviction under section 83(3)(a) of the Act.
Actions
Tenant fell behind in rent due to a bad business decision, and his co-tenant has a physical disability. Tenant requested a 12-month payment plan.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants due to non-payment of rent is granted. However, the Board is granting conditional relief from eviction to the Tenants, subject to the Tenants making monthly payments towards the rent arrears over a 12-month period.
Reason for Eviction Relief
Tenant's disability and close-knit family living in the building
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$14,290
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$80
Total Owing
$14,476 (Owed to Landlord)
Source
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