Landlord Wins Rent Dispute After Review: Walker v Siddiqui 2024
Landlord wins $304 from tenant in Mississauga non-payment dispute after review of previous order
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 5288 Middlebury Dr, Mississauga, ON L5M5E5
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2023
Tenancy End Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Jun 26, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested a review of the order issued on March 27, 2024, arguing that he did not receive the notice of hearing and that the order contained a serious error regarding the last month's rent deposit.
Determinations
- Tenant was in possession on application date
- Tenant vacated on 2023-10-31
- Lawful rent was $1,400 per month
- Tenant made no payments since application filed
- Rent arrears to 2023-10-31 were $1,400
- Landlord incurred $186 in application filing costs
- Landlord held $1,200 rent deposit
- Landlord owes Tenant $81.04 in deposit interest
- Total amount Tenant owes Landlord is $304
Case Study
The Board found that there was a serious error in the proceedings because the Tenant did not receive notice of the hearing, and the order contained a serious error regarding the last month's rent deposit. The Board determined that the Tenant had paid a last month's rent deposit, which should have been applied to the final month's rent when the tenancy terminated, and not to the July 2021 rent charges.
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenant was prevented from re-litigating the issue of the last month's rent deposit because it had already been decided in a previous order.
Tenant
Arguments
Tenant argued the previous order contained a serious error because he paid a last month's rent deposit, which was not reflected in the order.
Actions
Tenant vacated the rental unit on October 31, 2023.
Procedural Errors
Tenant did not receive notice of the hearing.
Decision Summary
The Board granted the Tenant's request for review, finding that the previous order contained a serious error regarding the last month's rent deposit. The Board ordered the Tenant to pay the Landlord $304, which includes the rent arrears, application filing costs, less the rent deposit and interest owed to the Tenant.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$1,400
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$81
Total Owing
$304 (Owed to Landlord)
Source
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