Bainton v Flood

Landlord wins · Toronto · 2010-03-06

Adjudicator

Egya Sangmuah

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

J.B.

Tenant

E.F.

Landlord rep

Howard Levenson, Robert Besunder

Tenant rep

Robert Besunder

What happened

Landlord applied for an order requiring Tenant to pay the rent she owes. The Tenant alleged that the rental unit did not meet her needs in terms of noise and lighting, and she sought an abatement of rent and compensation. The Landlord did not warrant that the unit met the Tenant's unusual requirements.

The ruling

The Tenant shall pay the Landlord $1,020.90, which represents the amount of rent owing up to October 31, 2009 and less the last month's rent deposit. The Tenant shall also pay the Landlord $170.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by March 16, 2010, the Tenant will start to owe simple interest at 2.00% annually on the balance outstanding.