LTB Order LTB-L-024962-23

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: R.N.P.H. v Ascott, 2023 ONLTB 29517 2023 ONLTB 29517 (CanLII) Date: 2023-04-04 File Number: LTB-L-024962-23 In the matter of: 1372 Harrison Street Lasalle Ontario N9H0B8 Between: R.N.P.H. Landlord And J.B. Tenants William Ascott R.N.P.H. (the 'Landlord') applied for an order to terminate the tenancy and evict J.B. and William Ascott (the 'Tenants’) and for an order to have the Tenant pay the rent they owe because the Tenants did not meet a condition specified in the mediated settlement signed by the parties on with respect to application CEL-99927-21. This application was decided without a hearing being held. Determinations: 1. The mediated settlement provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenants to terminate the tenancy and evict the Tenants if the Tenants do not meet certain condition(s) in the mediated settlement. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition(s) specified in the mediated settlement: a) The Tenants failed to pay the full $300.00 towards arrears on or before February 21, 2023. b) The Tenants failed to pay to the Landlord the lawful rent of $994.00 in full and on time, on or before March 1, 2023 3. The previous application includes a request for an order for the payment of arrears of rent and the mediated settlement requires the Tenants to make payments by specific due dates. Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. Order Page: 1 of 4  File Number: LTB-L-024962-23 4. The Tenants were required to pay $4,226.00 for rent arrears and the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $246.00 and that amount is included in this order. 5. Since the date of the previous mediated settlement, the Tenants have failed to pay the full 2023 ONLTB 29517 (CanLII) rent that became owing for the period from June 1, 2022, to March 30, 2023. 6. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $32.68. This amount is calculated as follows: $994.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before April 22, 2023. 2. If the unit is not vacated on or before April 22, 2023, then starting April 23, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 April 23, 2023. 4. The Tenants shall pay to the Landlord $8,116.72 (Less any payments made by the Tenants after this application was filed on March 21, 2023). This amount represents the rent owing up to April 11, 2023, and the cost of filling the application. 5. The Tenants shall also pay to the Landlord $32.68 per day for compensation for the use of the unit starting April 12, 2023, to the date the Tenants move out of the unit. 6. If the Tenants do not pay the Landlord the full amount owing on or before April 22, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 23, 2023, at 6.00% annually on the balance outstanding. April 11, 2023 Date Issued Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 14, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion by April 14, 2023, the order will be stayed and the LTB will schedule a hearing. 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 October 16, 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. Order Page: 2 of 4  File Number: LTB-L-024962-23 * Refer to the attached Summary of Calculations. 2023 ONLTB 29517 (CanLII) Order Page: 3 of 4  File Number: LTB-L-024962-23 Summary of Calculation Amount the Tenants must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 29517 (CanLII) Amount owing from previous Up to February 28, 2022 mediated settlement $246.00 New Arrears June 1, 2022, to April 06, 2023 $7,870.72 Plus daily compensation owing for each day of occupation $32.68 (per day) starting April 07, 2023 Total the Tenants must pay the Landlord: $8,116.72 +$32.68 per day starting April 12, 2023 Order Page: 4 of 4