Vu v Selitsanos - LTB Consent Order on Utility Cost Dispute
Landlord and tenant reach consent order in Mississauga utility cost dispute, allowing tenancy termination but avoiding eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 3604 Queenston Dr, Mississauga, ON L5C2G6
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2024
Order Date
Jul 2, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Landlord also applied for an order requiring the Tenants 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.
Determinations
- The Tenants' request to review order LTB-L-078113-22 is granted.
- Order LTB-L-078113-22 is cancelled and replaced with a consent order.
- The tenancy is terminated effective August 31, 2024.
- The Tenants must pay $6,668.23 for outstanding utility costs by August 31, 2024.
- If the Tenants fail to make the first payment of $3,334.12 by June 30, 2024, the Landlords may apply for an order terminating the tenancy and evicting the Tenants.
Case Study
The Review Request: The Tenants requested a review of the order. The issue to be decided was whether the order contains a serious error by failing to comply with the requirement under section 83(2) of the Residential Tenancies Act, 2006 to consider relief from eviction under section 83(1) of the Act, including conditional relief from eviction pursuant to sections 83(1)(a) and 78 of the Act. The order under review did not mention the Tenants' willingness to pay the outstanding utility costs in order to preserve the tenancy, which was a relevant consideration under section 83(2). Therefore, the order contained a serious error. De Novo Hearing: The parties agreed to the terms of the consent order, which included terminating the tenancy effective August 31, 2024, the Tenants paying the outstanding utility costs of $6,668.23 by August 31, 2024, and the Landlords applying for an order terminating the tenancy and evicting the Tenants if the Tenants fail to make the first payment of $3,334.12 by June 30, 2024.
Decision Summary
The Tenants' request for review was granted. The original order was cancelled and replaced with a consent order that terminates the tenancy effective August 31, 2024, requires the Tenants to pay $6,668.23 in outstanding utility costs by August 31, 2024, and allows the Landlords to apply for an order terminating the tenancy and evicting the Tenants if the Tenants fail to make the first payment of $3,334.12 by June 30, 2024.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Other Owed Amount
$6,668
Outstanding utility costs
Total Owing
$6,668 (Owed to Landlord)
Source
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