Last updated: October 13, 2024
Ordered by John Cashmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Upheld
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Citation: Westwood Management International v Sandhya, 2024 ONLTB 22776
File Number: LTB-L-001664-24-SA
Application Date (Estimate)
Mar 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
We estimate Application Date using rent arrears.
The Tenants' motion to set aside the eviction order is denied. The stay of the eviction order is lifted on April 30, 2024, giving the Tenants time to find alternative living arrangements. The Tenants have breached two previous conditional orders and their current income cannot support the tenancy, so it would be unfair to the Landlord to set aside the order.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants breached a previous conditional order by failing to pay the rent for January 2024 on the due date. The Tenants filed a motion to set aside the eviction order.
Landlord submitted it would be unfair to set aside the order as the Tenants' circumstances are unchanged since the previous set aside motion.
Landlord submitted the Tenants have breached two previous orders and the rent arrears have more than doubled over the course of the proceedings.
Tenants requested a new conditional order to pay $800 per month towards arrears starting in May 2024, but could not afford April 2024 rent.
Tenants did not secure employment as expected and had delays in receiving Ontario Works assistance, leading to late payment of January 2024 rent.
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Lawful Rent
$1,535
Rent Arrears
$20,494
Ordered Amount
$20,494 (to Landlord)
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