LTB Order LTB-L-024933-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: DH Westview Properties Ltd. v Ramsay, 2023 ONLTB 14853 2023 ONLTB 14853 (CanLII) Date: 2023-01-17 File Number: LTB-L-024933-22 In the matter of: 9, 2087 MEADOWBROOK RD BURLINGTON ON L7P2A5 Between: DH Westview Properties Ltd. and DH Landlord Westview Properties Ltd. And Gavin Ramsay Tenants Lea Ramsay DH Westview Properties Ltd. and DH Westview Properties Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict Gavin Ramsay and Lea Ramsay (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 5, 2023. The Landlord’s agent Lynn Arnold and the Tenants attended the hearing. Determinations: 1. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Non- payment 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. 2. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,919.01. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $63.09. This amount is calculated as follows: $1,919.01 x 12, divided by 365 days. 5. The Tenants have paid $1,800.00 to the Landlord since the application was filed. 6. The rent arrears owing to January 31, 2023 are $19,785.41. 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 $1,872.20 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. Order Page: 1 of 5  File Number: LTB-L-024933-22 9. Interest on the rent deposit, in the amount of $0.64 is owing to the Tenants for the period from January 1, 2023 to January 5, 2023. Relief from eviction: 2023 ONLTB 14853 (CanLII) 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) and (6) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until February 28, 2023 pursuant to subsection 83(1)(b) of the Act. 11. The Tenants testified that they have both experienced health concerns throughout the last year and as such experienced reduced hours with their respective employment. The Tenant Gavin Ramsay is currently unemployed and in the process of applying for CPP and ODSP to increase the monthly household income. At the hearing, the Tenants were unable to commit to or propose a repayment plan but requested additional time to either vacate the rental unit or to pay the arrears in full. 12. In my view, it would be unfair to impose a repayment plan on the Landlord as the Tenants own submission and current household income is not sufficient to sustain a reasonable repayment plan, let alone pay the ongoing monthly rent going forward. 13. I am however mindful to the fact that the Tenants have experienced some unforeseen circumstances during 2022 and have made some good-faith payments to the Landlord since the application was filed. As such, I find it would not be unfair to delay termination to February 28, 2023 to allow the Tenants some additional time to secure alternate housing or to pay the arrears in full. 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:  $19,971.41 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $21,890.42 if the payment is made on or before February 28, 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 February 28, 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 February 28, 2023 Order Page: 2 of 5  File Number: LTB-L-024933-22 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $16,495.01. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 14853 (CanLII) 6. The Tenants shall also pay the Landlord compensation of $63.09 per day for the use of the unit starting January 6, 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 January 28, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 29, 2023 at 5.00% annually on the balance outstanding. 8. If the unit is not vacated on or before February 28, 2023, then starting March 1, 2023, 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 March 1, 2023. January 17, 2023 Date Issued Fabio Quattrociocchi 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 expires on September 1, 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 5  File Number: LTB-L-024933-22 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 January 31, 2023 2023 ONLTB 14853 (CanLII) Rent Owing To January 31, 2023 $21,585.41 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,800.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $19,971.41 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before February 28, 2023 Rent Owing To February 28, 2023 $23,504.42 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,800.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants are entitled to - $0.00 Total the Tenants must pay to continue the tenancy $21,890.42 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $19,981.85 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,800.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,872.20 Less the amount of the interest on the last month's rent deposit - $0.64 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Order Page: 4 of 5  File Number: LTB-L-024933-22 Less the amount of the credit that the Tenants are entitled to - $0.00 Total amount owing to the Landlord $16,495.01 Plus daily compensation owing for each day of occupation starting $63.09 January 6, 2023 (per day) 2023 ONLTB 14853 (CanLII) Order Page: 5 of 5