Landlord Wins Utility Bill Dispute: Woon v Macdonald 2023
Brampton landlord wins utility bill dispute, tenant ordered to pay $50 or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1 Fernbank Rd, Brampton, ON L6T2G8
Decision in favor of
landlord
Balance Owed to Landlord
$50
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Sep 2023
Order Date
Nov 17, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to pay utility bills as required under the tenancy agreement. The Landlord served a valid N5 notice of termination, which the Tenant did not void by bringing the utility accounts into good standing.
Determinations
- Landlord served valid N5 notice
- Tenant did not void notice by bringing utility accounts into good standing
- Tenant in possession on application date
- Monthly rent of $1,664.63 due on 1st of each month
- Tenant responsible for 60% of utility bills
Case Study
The Tenant's failure to pay the utility bills on time and in full each month as required under the tenancy agreement is behavior that substantially interferes with the Landlord's lawful right and interest, as the Landlord has to make up the shortfall out of their own funds. While the Tenant initially denied receiving the bills, she later acknowledged receiving them and making the payments late. As of the hearing date, the water and hydro bills have been paid in full, but the Enbridge gas bill remains due and owing. The Tenant testified she could immediately rectify this account.
Arguments and Actions
Tenant
Arguments
Tenant seeks dismissal of application or waiver of s.78 clause due to circumstances
Actions
Tenant lives in rental unit with 5 children and is undergoing separation
Decision Summary
The Landlord has proven the grounds for termination of the tenancy due to the Tenant's failure to pay utility bills as required under the tenancy agreement. However, a conditional order shall be issued allowing the Tenant to preserve the tenancy provided that the utility bills are paid within 3 days of the due date for the duration of the tenancy.
Reason for Eviction Relief
Tenant's circumstances, including living with 5 children and undergoing separation
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,665
Application Fee
$186
Other Owed Amount
$50
Tenant's share of gas utility bill
Total Owing
$50 (Owed to Landlord)
Source
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