Deschatelets v Glassford

Tenant wins · St Catharines · 2025-09-19

Adjudicator

Fabio Quattrociocchi

Dispute

Breach of Conditions, Illegal Rent Increase, Persistent Late Payment

Landlord

M.D., A.C., S.R., L.D.

Tenant

J.G., D.M.

Landlord rep

Curtis Anderson

What happened

The Landlords filed an L4 application to evict the Tenants, alleging a breach of a previous conditional order regarding rent payments. Specifically, the Landlords claimed the Tenants failed to pay a rent increase in June 2025 and that the payment was made late. The Tenants brought a motion to set aside the ex-parte eviction order, arguing that the rent increase was illegal and that the payment was initiated on time but delayed by banking processes because the first of the month fell on a Sunday.

The ruling

The LTB granted the Tenants' motion to set aside the eviction order. The Board found that the Landlords' attempt to increase rent was illegal because it occurred less than 12 months after the last increase. Additionally, the Board ruled that the Tenants paid their rent on time, attributing a one-day delay in the Landlord's receipt to the fact that the rent was due on a Sunday. The Landlords' L4 application was dismissed, and the tenancy continues.