LTB Order LTB-L-004894-25

Order under Section 69 Residential Tenancies Act, 2006 Citation: R. v B., 2025 ONLTB 31044 Date: 2025-04-17 File Number: LTB-L-004894-25 In the matter of: 46 WARNER LANE BRANTFORD ON N3T0E7 Between: M.M.R. Landlord Apr 17, 2025 And J. L. L. B. Tenant Corrina Huxter Matthew Teeple M.M.R. (the 'Landlord') applied for an order to terminate the tenancy and evict L. B., Corrina Huxter and Matthew Teeple (the 'Tenant') because: • the Tenant did not pay the rent that the Tenant owes (L1 Application); and • the Tenant has been persistently late in paying the Tenant's rent; (L2 Application). This application was heard by videoconference on February 13, 2025. Only the Landlord attended the hearing. As of 3:14 pm, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: L1 Application – Non-Payment of Rent 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $2,201.50. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $72.38. This amount is calculated as follows: $2,201.50 x 12, divided by 365 days. Order Page 1 of 6  File Number: LTB-L-004894-25 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to February 28, 2025 are $9,088.33. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. L2 Application – Persistent Late Payment of Rent 9. On January 2, 2025, the Landlord gave the Tenant an N8 notice of termination (N8 Notice) pursuant to the grounds set out in Section 58(1) paragraph 1 of the Act, with a termination date of March 31, 2025. 10. Section 58(1) paragraph 1 of the Act provides: 58(1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds: 1. The tenant has persistently failed to pay rent on the date it becomes due and payable. 11. Section 43(2) of the Act provides a notice of termination must set out the reasons and details respecting the termination. The reasons and details a landlord is required to provide under s. 43(2) of the Act must give a tenant enough information to know the case they have to meet and to decide whether to dispute the allegations made against them. [See Ball v. Metro Capital Property., [2002] O.J. No. 5931 (Ont. Div. Crt.) at para. 10]. 12. Strict compliance is required with section 43 of the Act. A notice of termination which does not comply with the mandatory content requirements of the Act is void and cannot be amended or corrected. [See Bianchi v. Aguanno, 1983 CanLII 1967 (ONSC), (1983), 42 O.R. (2d) 76 (Div Ct) and Vu v. Kiumarsi, 2021 CanLII 115915 (ON LTB) at para. 7] 13. In the instructions on how to complete an N8 Notice on the Board’s website, where a tenant has persistently paid rent late it indicates a landlord should include when rent is due, and the amount the tenant failed to pay and what periods those payments were for. Order Page 2 of 6  File Number: LTB-L-004894-25 14. The N8 Notice contained the following reasons and details: 15. On its face, I find the N8 Notice does not satisfy the requirements under the Act. It is unclear based on the details provided, as it does not specify the year for the months being charged. Additionally, it appears that the Tenant paid the full amount of rent prior to it coming due since April. Order Page 3 of 6  File Number: LTB-L-004894-25 16. The Landlord testified that there was an ongoing balance not reflected in the N8 Notice and the Tenant was persistently late in making rent payments. 17. The absence of these important details prejudices the Tenant’s ability to understand and respond to the Landlord’s allegations. The Tenant was not present to waive any prejudice arising from the lack of required details. 18. I do not accept the Landlord’s submission that because he submitted evidence to the Board in support of this application that he satisfied the requirements of subsection 43(2), 58(1)1 of the Act and the test articulated in Ball v. Metro Capital. The N8 notice itself must meet the Act’s requirements. 19. As a result, I find the N8 Notice invalid. In these circumstances, I find the Board has no jurisdiction to hear this application and the Landlord’s application must be dismissed. Relief from Eviction 20. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: L1 Application – Non-Payment of Rent 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $13,677.33 if the payment is made on or before April 28, 2025. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after April 28, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before April 28, 2025. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $8,013.77. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $72.38 per day for the use of the unit starting February 14, 2025 until the date the Tenant moves out of the unit. Order Page 4 of 6  File Number: LTB-L-004894-25 7. If the Tenant does not pay the Landlord the full amount owing on or before April 28, 2025, the Tenant will start to owe interest. This will be simple interest calculated from April 29, 2025 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 28, 2025, then starting April 29, 2025, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after April 29, 2025. L2 Application – Persistent Late Payment of Rent 10. The L2 Application is dismissed. April 17, 2025 ____________________________ Date Issued J. L. Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on October 29, 2025 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page 5 of 6  File Number: LTB-L-004894-25 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 28, 2025 Rent Owing To April 30, 2025 $13,491.33 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $13,677.33 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $7,827.77 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $8,013.77 Plus daily compensation owing for each day of occupation starting $72.38 February 14, 2025 (per day) Order Page 6 of 6