IMH Pool XX v Scully

Landlord wins · Toronto · 2023-06-07

Adjudicator

Heather Kenny

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

I.P.X.

Tenant

V.S.

Landlord rep

M Forrester

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant, Victoria Scully, was not present at the hearing, but the current occupant of the unit, Anthony Manis, attended and claimed that he had been paying rent to the Landlord since October 2021 when the previous tenant, Carrie Spadie, moved out. The Landlord refused to accept rent payments from Manis since October 2022, as he was not on the lease.

The ruling

Victoria Scully, the named Tenant, is ordered to pay the Landlord $2,541.33 for rent arrears up to September 30, 2022 and the application filing costs. If Scully does not pay the full amount by June 18, 2023, she will start owing interest at 6% annually on the outstanding balance. The Landlord must start a new claim against the current occupant, Anthony Manis, for any rent arrears owing from October 1, 2022 onwards.