Wilkins v Dallaire

Landlord wins · Hawkesbury · 2022-03-08

Adjudicator

Frank Ebner

Dispute

Illegal Rent Retention

Amount

<$5K

Landlord

W.R.

Tenant

A.W., A.C.

Landlord rep

Raymond Dallaire

What happened

Tenants applied for an order determining that the Agent of the Landlord had collected or retained money illegally. The dispute arose from a situation where the Tenants agreed to rent a unit but then decided not to move in, requesting a return of their payment. The Agent of the Landlord returned part of the payment but retained $1665.00 for rent.

The ruling

The Tenants' application was dismissed. The Board found that the Agent of the Landlord's retention of $1665.00 for rent was lawful, as it covered the period from September 23, 2020, to October 31, 2020, when the unit was re-rented. The tenancy was determined to have lawfully commenced on September 23, 2020, and the Tenants' attempt to terminate the tenancy did not comply with the Residential Tenancies Act requirements.