Westwood Management International v Sandhya - LTB Upholds Landlord's Eviction Order
LTB upholds landlord's eviction order against tenants who breached previous conditional orders due to inability to pay rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
304 Riverspray Cres, Mississauga, ON L4Y3M5
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 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 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.
Determinations
- Tenants breached previous conditional order by failing to pay January 2024 rent on due date
- Tenants paid rent arrears on December 14, 2023, so this was not a breach
- Tenants' motion to set aside order LTB-L-001664-24 is denied
- Stay of order LTB-L-001664-24 is lifted on April 30, 2024
Arguments and Actions
Landlord
Arguments
Landlord submitted it would be unfair to set aside the order as the Tenants' circumstances are unchanged since the previous set aside motion.
Actions
Landlord submitted the Tenants have breached two previous orders and the rent arrears have more than doubled over the course of the proceedings.
Tenant
Arguments
Tenants requested a new conditional order to pay $800 per month towards arrears starting in May 2024, but could not afford April 2024 rent.
Actions
Tenants did not secure employment as expected and had delays in receiving Ontario Works assistance, leading to late payment of January 2024 rent.
Decision Summary
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.
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
Lawful Rent
$1,535
Rent Arrears
$20,494
Total Owing
$20,494 (Owed to Landlord)
Source
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