LTB Order LTB-L-014178-22

2023 ONLTB 35655 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Homestead Land Holdings Limited v Christopher Farquharson, 2023 ONLTB 35655 Date: 2023-05-05 File Number: LTB-L-014178-22 In the matter of: 206, 80 FOREST MANOR RD NORTH YORK ON M2J1M6 Between: Homestead Land Holdings Limited Landlord And Adrian Ricardo Clarke and Christopher Farquharson Tenants Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Adrian Ricardo Clarke and Christopher Farquharson (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. A de novo hearing of this application was conducted by videoconference on April 28, 2023. Only the Landlord’s representative, Lee-Anne Thibert attended the hearing. As of 10:05 a.m. the Tenants were not present or represented at the hearing although properly served with the notice of this hearing by the Board. The Landlord’s claim for arrears exceeds the Board’s monetary jurisdiction of $35,000.00. The Landlord indicated a desire to proceed with the hearing of the application and voluntarily waived the portion of the claim that exceeds the Board’s monetary jurisdiction. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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. Order Page: 1 of 4  File Number: LTB-L-014178-22 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,711.54. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $56.27. This amount is calculated as follows: $1,711.54 x 12, divided by 365 days. 2023 ONLTB 35655 (CanLII) 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $40,083.76. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,669.93 from the Tenants and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $13.50 is owing to the Tenants for the period from January 1, 2023 to April 28, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $41,981.30 if the payment is made on or before May 16, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after May 16, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before May 16, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $35,000.00 (max under the Act). 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. Order Page: 2 of 4  File Number: LTB-L-014178-22 6. The Tenants shall also pay the Landlord compensation of $56.27 per day for the use of the unit starting April 29, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before May 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 17, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 35655 (CanLII) 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before May 16, 2023, then starting May 17, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 May 17, 2023. May 5, 2023 ____________________________ Date Issued Troy Rossignol Vice Chair, 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 expires on November 17, 2023 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 3 of 4  File Number: LTB-L-014178-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 16, 2023 2023 ONLTB 35655 (CanLII) Rent Owing To May 31, 2023 $41,795.30 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 $41,981.30 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $35,000.00 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 - $1,669.93 Less the amount of the interest on the last month's rent deposit - $13.50 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 $35,186.00 Plus daily compensation owing for each day of occupation starting $56.27 April 29, 2023 (per day) Order Page: 4 of 4