Evictly

LTB Order LTB-L-032756-22

Citation
2023 ONLTB 23844
Decided
2023-03-08
Rental unit
0503, 385 GIBB ST OSHAWA ON L1J1Z4
Landlord
Bedford Properties & Estates Ltd.
Tenant
B.S.
RTA section
s. 69
Order under Section 69 2023 ONLTB 23844 (CanLII) Residential Tenancies Act, 2006 Citation: Bedford Properties & Estates Ltd. v S., 2023 ONLTB 23844 Date: 2023-03-08 File Number: LTB-L-032756-22 In the matter of: 0503, 385 GIBB ST OSHAWA ON L1J1Z4 Between: Bedford Properties & Estates Ltd. Landlord And B.S. Tenant Bedford Properties & Estates Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict B.S. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023. Only the Landlord’s representative Debra Fine attended the hearing. As of 9:30 a.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. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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 Tenant was still in possession of the rental unit. 3. The Tenant has made payments since the application filed, and the arrears now owing are 164.71. 4. The only amount outstanding is the Landlord’s cost of filing the application less $21.29. As a result, the order will be limited to costs only and not eviction. It is ordered that: 1. The Tenant shall pay to the Landlord $164.71 which represents the amount outstanding towards the amount of the application filing fee. 2023 ONLTB 23844 (CanLII) Order Page: 1 of 2 File Number: LTB-L-032756-22 2. If the Tenant does not pay the Landlord the full amount owing on or before March 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 31, 2023 at 5.00% annually on the balance outstanding. March 8, 2023 ____________________________ Date Issued Maria Shaw , 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. Order Page: 2 of 2 2023 ONLTB 23844 (CanLII)