LTB Order LTB-L-024271-22

Order under Section 88.2 Residential Tenancies Act, 2006 Citation: B. v L., 2025 ONLTB 91984 Date: 2025-11-27 File Number: LTB-L-023607-25 In the matter of: 53 Randolph Welland ON L3B4C3 Between: L.B. L. N. 27, 2025 A. C. M. D. L. Tenants Patricia Antoniou L.B. (the 'L.') applied for an order requiring D. L. A. Patricia Antoniou (the 'Tenants') to pay the L.'s reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement. This application was heard by videoconference on October 1, 2025. The L. A. the Tenant, D. L., attended the hearing. Determinations: Named Parties: 1. At the hearing, the Tenant, D. L., requested that the other Tenant, Patricia Antoniou, be removed as a Tenant A./or responding party to the application. The L. opposed this request. 2. The L.’s application was filed on April 17, 2025. 3. It was undisputed that on or about February 24, 2025, the Tenant Patricia Antoniou vacated the rental unit. 4. There is no dispute that when the tenancy commenced on July 1, 2023, that both Tenants were listed as leaseholders, A. both signed the tenancy agreement. The agreement states that both Tenants are jointly responsible for paying the lawful rent A. other costs. Order Page 1 of 3  File Number: LTB-L-023607-25 5. Although I find that the Tenant Patricia Antoniou has vacated the rental unit A. ceased to be in possession as of February 24, 2025, I do not find that she ought to be removed from the application or not be liable for the utility arrears owing. 6. This was a joint tenancy, A. thus both Tenants became jointly A. severally liable for the rent when they entered into the tenancy. While not binding on me, I agree with the general conclusions regarding joint tenancies from Osgoode Properties v. Northmore, 2018 CanLII 153456 (ON LTB), including that a joint tenant who unilaterally vacates a rental unit does not “divest” themselves of that tenancy. Moreover, although until recently the Board did not have the jurisdiction to order arrears against a tenant who has vacated, recent amendments to section 87 of the Residential Tenancies Act, 2006 make it clear that a tenant may still be considered a tenant even if they do not have possession of the unit. Section 87 allows the Board to order arrears against a tenant or former tenant not in possession where the tenant vacated on or after September 1, 2021, the application was filed within one year of the tenant vacating, A. the tenant has been given notice of the application A. hearing. All three criteria are satisfied in this case, A. thus I am satisfied that I have the jurisdiction to make an order against both Tenants. L2 Application – Unpaid Utility Charges 7. As explained below, the L. has proven on a balance of probabilities the claim for compensation in the application. Therefore, Tenants must pay to the L. the amount of $1,185.35. 8. The Tenants were in possession of the rental unit on the date the application was filed. 9. The Tenants vacated the rental unit on June 13, 2025. 10. It was undisputed that the Tenants failed to pay the water costs that they were required to pay under the terms of the tenancy agreement. 11. The L. has incurred reasonable out-of-pocket expenses of $999.35 as a result of the Tenants’ failure to pay water costs. The L. provided 4 invoices from the City of Welland Water, for the period of February 1, 2024 to January 31, 2025, in the amount of $999.35. The L. also provided proof of payments for the invoices above. 12. The Residential Tenancies Act, 2006 (‘Act’) section 88.2(1) states: A L. may apply to the Board for an order requiring a tenant or former tenant to pay costs described in subsection (4) if, while the tenant or former tenant is or was in possession of the rental unit, the tenant or former tenant failed to pay utility costs that they were required to pay under the terms of the tenancy agreement. 13. Subsection 88.2(4) states, “The costs referred to in subsection (1) are reasonable out-of- pocket expenses that the L. has incurred or will incur as a result of a tenant’s or former tenant’s failure to pay utility costs that they were required to pay under the terms of the tenancy agreement. Order Page 2 of 3  File Number: LTB-L-023607-25 14. On the uncontested evidence before me, I find that the Tenants failed to pay the water costs that they were required to pay under the terms of the tenancy agreement. On the evidence before me, I also find that the L. has incurred reasonable out-of-pocket expenses of $999.35 as a result of the Tenants’ failure to pay water costs on the basis of the invoices entered into evidence. Rent Deposit A. Costs 15. The L. testified that they have an existing L1 order, A. the arrears of rent A. last month’s rent deposit were included in that application. As such, last month’s rent will not be part of this order. 16. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The tenancy between the L. A. the Tenants is terminated as of June 13, 2025. 2. The Tenants shall pay to the L. $999.35, which represents the reasonable out-of- pocket expenses the L. has incurred as a result of the unpaid utility costs. 3. The Tenants shall pay to the L. $186.00 for the cost of filing the application. 4. The total amount the Tenants owe to the L. is $1,185.35. 5. If the Tenants do not pay the L. the full amount owing on or before December 8, 2025, the Tenants will start to owe interest. This will be simple interest calculated from December 9, 2025 at 4.00% annually on the balance outstanding. November 27, 2025 ____________________________ Date Issued C. M. Member, L. A. 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