Hamilton East Kiwanis N.P. Homes Inc. v Ferguson
Landlord wins · Hamilton · 2021-05-28
- Adjudicator
- Elle Venhola
- Dispute
- Misrepresentation Of Income
- Notice
- N5 Notice, N8 Notice
- Amount
- >$20K
- Landlord
- Hamilton East Kiwanis N.P. Homes Inc.
- Tenant
- B.P.F.
- Landlord rep
- Siobhann Mason-Fannon
- Tenant rep
- Duty Counsel
What happened
Landlord applied to terminate the tenancy and evict the Tenant because the Tenant had knowingly misrepresented their income and no longer qualified for the rent-geared-to-income (RGI) unit. The Landlord also claimed compensation for the Tenant remaining in the unit after the termination date.
The ruling
The tenancy is terminated effective June 30, 2021. The Tenant must pay the Landlord $11,848 for the additional rent they would have been required to pay, and $12,401.60 in compensation for use of the unit from May 26, 2020 to May 28, 2021, plus $33.70 per day from May 29, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by June 30, 2021, they will owe interest starting July 1, 2021.