LTB Order LTB-L-033660-23

AMENDED ORDER Order under Section 78(6) Residential Tenancies Act, 2006 And section 21.1 of the Statutory Powers Procedure Act 2023 ONLTB 37715 (CanLII) Citation: Hayhoe Rentals Ltd. v Allen, 2023 ONLTB 37715 Date: 2023-06-26 File Number: LTB-L-033660-23-AM In the matter of: 26, 20 Tamarack Court St. Thomas Ontario N5P0E7 Between: Hayhoe Rentals Ltd. Landlord And Derek Allen and Holly Earl Tenants The order has been amended pursuant to a written request by the Landlord to correct an error in a Landlord’s name. The changes are bolded and underlined for ease of reference. The order is otherwise unamended. Hayhoe Rentals Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict Derek Allen and Holly Earl (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on March 27, 2023 with respect to application LTB-L-045641-22. This application was decided without a hearing being held. Determinations: 1. The order 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 order. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the order: The Tenants did not pay $6,500.00 towards arrears in full on or before April 21, 2023. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenant 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. 4. The Tenant was required to pay $18,411.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $11,836.00 and that amount is included in this order. This order replaces order LTB-L-045641-22. Order Page: 1 of 4  File Number: LTB-L-033660-23-AM 5. The Landlord collected a rent deposit of $2,000.00 from the Tenant and this deposit is still being held by the Landlord. 6. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2022 to June 16, 2023. 2023 ONLTB 37715 (CanLII) 7. The amount of the rent deposit and interest on the rent deposit is applied to the amount the Tenant is required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $68.22. This amount is calculated as follows: $2,075.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-045641-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 27, 2023. 3. If the unit is not vacated on or before June 27, 2023, then starting June 28, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. 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 June 28, 2023. 5. The Tenant shall pay to the Landlord $12,955.64* (Less any payments made by the Tenants after this application was filed on April 25, 2023). This amount represents the rent owing up to June 16, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenant shall also pay to the Landlord $68.22 per day for compensation for the use of the unit starting June 17, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 27, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from June 28, 2023 at 6.00% annually on the balance outstanding. June 16, 2023 Date Original Order Issued June 26, 2023 Date Amended Order Issued Ian Speers Associate Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 26, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by June 26, 2023 the order will be stayed and the LTB will schedule a hearing. Order Page: 2 of 4  File Number: LTB-L-033660-23-AM 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 December 5, 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. 2023 ONLTB 37715 (CanLII) * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-033660-23-AM Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount 2023 ONLTB 37715 (CanLII) Amount owing from previous Up to March 31, 2023 order $11,836.00 New Arrears April 1, 2023 to June 16, 2023 $3,166.52 New NSF cheque charges and related administration charges $0.00 Less the rent deposit: -$2,000.00 January 1, 2022 to June 16, Less the interest owing on the 2023 -$46.88 rent deposit Plus daily compensation owing for each day of occupation $68.22 (per day) starting June 17, 2023 Total the Tenant must pay the Landlord: $12,955.64 +$68.22 per day starting June 17, 2023 Order Page: 4 of 4