LTB Order LTB-L-026510-22

Order under Section 88.2 2023 ONLTB 33802 (CanLII) Residential Tenancies Act, 2006 Citation: A.W. v J. M., 2023 ONLTB 33802 Date: 2023-05-12 File Number: LTB-L-026510-22 In the matter of: 29, 55 Lake road Grand B. ON N0M1T0 Between: A.W. L. A. J. M. Tenant Shanleigh M. A.W. (the 'L.') applied for an order requiring J. M. A. Shanleigh M. (the 'Tenants') to pay the L.'s reasonable out-of-pocket expenses that are the result of the Tenants’ failure to pay utility costs that they were required to pay under the terms of the tenancy agreement. This application was heard by videoconference on April 19, 2023. The L. attended the hearing; however, as of 2:08 pm 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 L.'s evidence. Determinations: 1. The Tenants were in possession of the rental unit on May 11, 2022, the date the application was filed. 2. The Tenants vacated the rental unit on September 1, 2022. 3. The L. testified that the Tenants were required to pay the water utility costs under the terms of the tenancy agreement. The L. submitted an email she received from Tenant J. M. on June 26, 2022, providing notice that the Tenants plan to vacate the unit on September 1, 2022, A. also acknowledging that the Tenants owe the L. payment for a water bill. 4. The Tenants failed to pay a water bill from the Municipality of Lambton Shores, dated November 22, 2021, in the amount of $1,279.31 covering the period of August 1, 2021 to October 31, 2021. The L. submitted a copy of this bill.  5. The Tenants also failed to pay a water bill from the Municipality of Lambton Shores, dated May 20, 2022, in the amount of $951.69 covering the period of February 1, 2022 to April 30, 2022. The L. submitted a copy of this bill. 2023 ONLTB 33802 (CanLII) Order Page 1 of 2 File Number: LTB-L-026510-22 6. On the basis of the L.’s uncontested evidence, I find that the L. has incurred reasonable out-of-pocket expenses of $2,231.00 as a result of the Tenants’ failure to pay water costs. 7. The L. also incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The Tenants shall pay to the L. $2,231.00, which represents the reasonable out- ofpocket expenses the L. has incurred as a result of the unpaid utility costs. 2. The Tenants shall also pay to the L. $186.00 for the cost of filing the application. 3. If the Tenants do not pay the L. the full amount owing of $2,417.00 on or before May 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 1, 2023 at 6.00% annually on the balance outstanding. May 12, 2023 ____________________________ Date Issued Frank Ebner 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 2 of 2 2023 ONLTB 33802 (CanLII)