LTB Order LTB-L-024788-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: T. v T., 2023 ONLTB 14794 2023 ONLTB 14794 (CanLII) Date: 2023-01-19 File Number: LTB-L-024788-22 In the matter of: Upper unit, 13 John St Hagersville ON N0A1H0 Between: B.N.A. L. J. T. A. C. T. Tenant B.N.A. J. T. (the 'L.') applied for an order to terminate the tenancy A. evict C. T. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 4, 2023. Only the L. attended the hearing. As of 1:44 p.m., 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 of the hearing date, the Tenant was still in possession of the rental unit. 2. The lawful rent is $1,100.00. It is due on the 1st day of each month. 3. Based on the Monthly rent, the daily rent/compensation is $36.16. This amount is calculated as follows: $1,100.00 x 12, divided by 365 days. 4. The Tenant has not made any payments since the application was filed. 5. The rent arrears owing to January 31, 2023 are $14,884.80. 6. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 7. The L. collected a rent deposit of $1,100.00 from the Tenant A. this deposit is still being held by the L.. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. Defective N4 Notice of Termination Order Page: 1 of 2  File Number: LTB-L-024788-22 8. The first N4 served on March 19, 2022 names C. T. as the Tenant A. B. N. as the Landlord. The second N4 served on November 24, 2022 names C. T. A. Lee Maracle as Tenants A. B.N.A. J. T. as L.. The application was filed on May 1, 2022 based on the termination date of April 03, 2022. As per the Landlord B. N.’s testimony the lease states two Tenants which were 2023 ONLTB 14794 (CanLII) not properly identified on the first N4. Once the L. realized the mistake, they served a new N4 with names of both Tenants A. L.. 9. The Residential Tenancies Act, 2006 (the “Act”) at section 59(2) requires particular contents of an N4 Notice of Termination, which includes correctly identifying the tenant. Since the N4 Notice did not properly give the Tenant the opportunity to understand who needs to pay the rent arrears A. to whom, the N4 Notice is rendered invalid. Amending L1 Application to L9 Application for Arrears A. Costs Only 10. As a result of the defects with the N4 Notice, the options were explained to the L. including the possibility of requesting consent to withdraw this L1 Application to correct the N4 Notice, which may lead to filing a new L1 Application if they wish to pursue eviction based on these periods of rent arrears. After considering the time that had elapsed since the N4 notice was served A. the time it had taken to arrive at the hearing, the L. requested permission to convert this application to an L9 application for arrears only, without seeking eviction. I consented to their request to seek only arrears based on Nejad v Preddie, 2016 ONSC 4348 (Div. Ct.). 11. I granted the L.’ request to amend the application as I was satisfied that there was no prejudice or unfairness to the Tenant since the N4 notice contemplates that arrears may be sought. It is ordered that: 1. The Tenant shall pay to the Landlord $13,327.88. This amount includes rent arrears owing up to January 31, 2023 A. the cost of filing the application. 2. If the Tenant does not pay the L. the full amount owing on or before January 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 31, 2023 at 5.00% annually on the balance outstanding. January 19, 2023 Date Issued Sheena Brar Member, Landlord 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: 2 of 2