Winkleigh Co-Operative Housing Corp. v Mcavella - LTB Ruling on Non-Payment of Rent
Co-op granted order to evict members for non-payment of monthly housing charges
Summarized by RentZenLast updated: September 12, 2024
Case Summary
55 Limeridge Rd E, Hamilton, ON L8W2C4
Decision in favor of
landlord
Balance Owed to Landlord
$16,730
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Jan 2024
Order Date
Jan 16, 2024
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
The Co-op applied to the LTB for an order to end the occupancy of the member unit and evict the Co-op Members because they did not pay the regular monthly housing charges that they owed.
Determinations
- Co-op served valid N4C Notice
- Co-op Members did not void notice by paying arrears
- Co-op Members still in possession
- Regular monthly housing charge of $1,208 effective July 1, 2023
- Rent arrears of $18,748.08 as of hearing date
- Co-op entitled to $186 application filing fee
- Co-op Members entitled to $1,115 damage deposit refund
Case Study
The Co-op served the Co-op Members with a valid N4C Notice. The Co-op Members did not void the notice by paying the amount of regular housing charges owing by the termination date in the N4C Notice or before the date the application was filed. As the Co-op Members were still in possession of the member unit and had not paid the regular monthly housing charges, the Co-op was entitled to the order.
Decision Summary
The Co-op Members' occupancy rights are terminated, and they must vacate the unit by January 27, 2024. If they do not void the order by paying $18,934.08 by January 27, 2024, they must pay $16,730.21 to the Co-op and will owe daily compensation of $39.71 per day starting January 4, 2024 until they move out. If they do not move out, the Co-op can file the order with the Court Enforcement Office (Sheriff) for enforcement.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
25.0%
Tenant Favorable
0.0%
Mutual Agreement
75.0%
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Financial Details
Lawful Rent
$1,208
Rent Arrears
$18,748
Application Fee
$186
Rent Deposit
$1,115
Total Owing
$16,730 (Owed to Landlord)
Source
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