LTB Order LTB-L-021371-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: Norberry Residences v R., 2023 ONLTB 71254 2023 ONLTB 71254 (CanLII) Date: 2023-11-06 File Number: LTB-L-021371-23 In the matter of: 1016, 2660 NORBERRY CRES OTTAWA ON K1V6N2 Between: Norberry Residences Landlord and M.R. Tenant Norberry Residences (the 'Landlord') applied for an order to terminate the tenancy and evict M. R. (the 'Tenant') because: • the Tenant has been persistently late in paying the Tenant's rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 19, 2023. Only the Landlord's Legal Representative, Grace George, attended the hearing. As of 9:30 AM, 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: 1. As explained below, the Landlord has proven on a balance of probabilities that the Tenant has persistently failed to pay the rent on the date it was due. However, as the Landlord presented evidence the parties consented to a conditional order whereby the Tenant shall pay their rent in full and on time for a period of one year, the tenancy will continue if the Tenant meets the conditions set out below. 2. The Tenant was in possession of the rental unit on the date the application was filed. Persistently Late 3. On March 10, 2023, the Landlord gave the Tenant a N8 notice of termination. The notice of termination alleges the Tenant paid the rent late 9 times between May 2022 through to and including March 2023. Order Page 1 of 3  File Number: LTB-L-021371-23 4. Based on the Landlord’s Representative’s uncontested evidence we find the Tenant has persistently paid their rent late every month. 5. The rent is due on the 1st of each month. The N8 Notice indicates rent was paid late 8 times between May 2022 and February 2023, and was not paid in March 2023. The Landlord’s Representative confirmed the dates of payment on the N8 Notice and the 2023 ONLTB 71254 (CanLII) ledger entered into evidence at the hearing confirmed the rent for March 2023 was paid late. 6. As a result, we find the Tenant paid rent paid late 9 times over 11 months between May 2022 and March 2023. Section 83 considerations 7. Since March 2023, the Tenant has largely paid their rent on or about the first of the month but has also paid their rent late on two occasions. 8. The Landlord sought a conditional order requiring the Tenant to pay their rent on time for the next twelve months. 9. The Landlord’s Representative submitted the Tenant had agreed to such a conditional order and forwarded copies of communications with the Tenant to this effect. As the Tenant was not present, we were not able to verify their understanding of the terms of the alleged consent. 10. The alleged consent is a consideration pursuant to section 83 of the Residential Tenancies Act, 2006 (the 'Act'), and proceeding in the usual course could have resulted in a non- voidable termination order. 11. As a result, in considering the above disclosed circumstances in accordance with subsection 83(2) of the Act, we find it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. 12. The proposed conditions reflect what the Landlord’s Representative represented both parties consented to outside of the hearing room and are of benefit to the Tenant as they permit the Tenant to preserve their tenancy. 13. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. It is ordered that: 1. The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out below. 2. The Tenant shall pay to the Landlord the lawful rent in full on or before the first of the month for each consecutive month it comes due commencing on November 1, 2023, and continuing through to October 1, 2024. 3. If the Tenant fails to comply with the conditions set out in paragraph 2 of this order, the Landlord may apply under section 78 of the Act for an order terminating the tenancy and Order Page 2 of 3  File Number: LTB-L-021371-23 evicting the Tenant. The Landlord must make the application within 30 days of the breach of a condition. This application is made to the LTB without notice to the Tenant. 4. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 5. If the Tenant does not pay the Landlord the full amount owing on or before November 17, 2023 ONLTB 71254 (CanLII) 2023, the Tenant will start to owe interest. This will be simple interest calculated from November 18, 2023 at 7.00% annually on the balance outstanding. November 6, 2023 Date Issued Rebecca Case Vice Chair, Landlord and Tenant Board Melissa Anjema 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. Order Page 3 of 3