Ramnauth v Kay

Split/Other wins · Welland · 2025-05-21

Adjudicator

Candace Aboussafy

Dispute

Damage to Property, Non-payment of Rent, Unpaid Utilities

Notice

Non-payment of rent (N4), Damages (N5)

Amount

>$20K

Landlord

N.R., R.R.

Tenant

S.L.K., D.W.W.

Landlord rep

Farukh Bhatti

What happened

The Landlords filed applications for non-payment of rent (L1) and for damages and unpaid utilities (L2). The Tenants did not attend the hearing. The LTB found the Tenants owed significant rent arrears and unpaid utilities, granting an eviction order that the Tenants could void by paying the outstanding amount. However, the Landlords' claim for damages was dismissed due to insufficient evidence.

The ruling

The tenancy is terminated due to non-payment of rent unless the Tenants pay $21,296.00 by May 31, 2025. If they fail to pay and void the order, they must vacate by June 1, 2025, and pay the Landlords $17,299.17 for rent arrears (net of deposit), plus $80.55 per day for overholding. Separately, the Tenants are ordered to pay an additional $4,533.79 for unpaid utilities and NSF fees. The Landlords' application to terminate for damages was dismissed.