Thapa v Singh Rana

Tenant wins · Scarborough · 2025-08-19

Adjudicator

Jagger Benham

Dispute

Tenant Rights

Amount

<$5K

Landlord

S.S.R.

Tenant

B.T., L.K.

What happened

The Tenants applied for a review after their original application regarding illegally retained money was dismissed as abandoned because they were unable to connect to the videoconference hearing on time. Upon review, the LTB found the Tenant was not reasonably able to participate in the first hearing due to technical issues. In the subsequent de novo hearing, the LTB found the Landlord illegally withheld the last month's rent deposit, claiming it was a security deposit for damages.

The ruling

The LTB set aside the previous dismissal and ordered the Landlord to pay the Tenants $1,406.00 by August 30, 2025. This amount consists of the illegally retained $1,300.00 last month's rent deposit and the $106.00 application fee. The Board ruled that a landlord cannot unilaterally convert a rent deposit into a security deposit for damages.