LTB Order LTB-L-025278-23

Order under Section 77 & 87(1) 2023 ONLTB 46393 (CanLII) Residential Tenancies Act, 2006 Citation: A. K. v M. L. Pevie, 2023 ONLTB 46393 Date: 2023-06-29 File Number: LTB-L-025278-23 In the matter of: 35 MAGILL DR AJAX ON L1T3H7 Between: A.S.A.A.K. L. A. K. J. A. M. L. Tenants Pevie A.S.A.A.K. (the 'L.') applied for an order to terminate the tenancy A. evict K. J. A. M. L. Pevie (the 'Tenants') because the Tenants entered into an agreement to terminate the tenancy. A. A.S.A.A.K. (the 'L.') applied for an order requiring K. J. A. M. L. Pevie (the 'Tenants') to pay the rent that the Tenants owe. A hearing was held to consider this application. Only the Landlord A. S. A. the Landlord’s representative Khurram Daniyal attended the hearing. As of 10:34 a.m., the Tenants were 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. L3 Application 1. The Landlord withdrew their L3 application at the time of the hearing based on an ex-parte order LTB-L-035082-23 issued by the Board on May 15, 2023 which terminated the tenancy on or before May 27, 2023. Order Page 1 of 4  File Number: LTB-L-025278-23 2023 ONLTB 46393 (CanLII) L9 Application Determinations: 1. As of the hearing date, the Tenants were still in possession of the rental unit. 2. The Tenants did not pay the total rent they were required to pay for the period from January 1, 2023 to May 31, 2023. 3. The lawful rent is $3,000.00. It is due on the 1st day of each month. 4. The Tenants had not made any payments since the application was filed. 5. The rent arrears owing to May 31, 2023 are $15,000.00 6. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. Defective N4 Notice of Termination 7. The L. certificate of service (COS) as filed with the Board indicates that the Tenants were served the N4 Notice of Termination on March 24, 2023, however the Notice of Termination (‘N4’) has a termination date of March 20, 2023. 8. Certain requirements must be satisfied for the Board to have jurisdiction to issue an order terminating a tenancy A. evicting a tenant. On an L1 Application such as this, one such requirement is the following, which is found in subsection 59(1) of the Residential Tenancies Act, 2006 (the ‘Act’): 59 (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than, (a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; A. (b) the 14th day after the notice is given, in all other cases. Order Page 2 of 4  9. In the case before me, the L. failed to provide the Tenants the 14 days minimum notice as specified in section 59 (1) (b), therefore the N4 notice is defective A. the Board does not have jurisdiction to issue an order for eviction. 10. As the L. were issued an ex-parte order terminating the tenancy on or 2023 ONLTB 46393 (CanLII) before May 27, 2023, at the time of hearing the Landlord advised that the Tenants were moving out on the day, that being May 30, 2023. The L. File Number: LTB-L-025278-23 were now seeking an order for arrears of rent since I found the N4 to be defective, with no possibility of an order for termination of the tenancy. Amending L1 Application to L9 Application for Arrears A. Costs Only 11. Further, section 201(1)(f) of the Act permits the Board to amend an application during a hearing, if the Board considers it appropriate to do so A. if amending the application would not be unfair to any party. I consented to the request to amend the application as there is no prejudice or unfairness to the Tenants since the N4 notice contemplates that arrears may be sought. It is ordered that: 1. The Tenants shall pay to the L. $15,186.00. This amount includes rent arrears owing up to May 31, 2023 A. the cost of the application. 2. If the Tenants do not pay the L. the full amount owing on or before July 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 11, 2023 at 6.00% annually on the balance outstanding. June 29, 2023 ____________________________ Date Issued Alicia Johnson 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- 3323234. Order Page 3 of 4 Order Page 4 of 4 2023 ONLTB 46393 (CanLII)