LTB Order LTB-L-036262-22

Order under Section 69 R. Tenancies Act, 2006 2023 ONLTB 20625 (CanLII) Citation: S.C.R. GROWTH FUND v T., 2023 ONLTB 20625 Date: 2023-02-17 File Number: LTB-L-036262-22 In the matter of: 1209, 84 RUNNYMEDE RD KINGSTON ON K7M2A2 Between: S.C.R. Landlord GROWTH FUND And H.T. Tenant S.C.R. GROWTH FUND (the 'Landlord') applied for an order to terminate the tenancy and evict H.T. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques This application was heard by videoconference on February 2, 2023. Only the Landlord’s Legal Representative attended the hearing. As of 2:16 p.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. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on August 31, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  4. The lawful rent is $1,628.30. It was due on the first day of each month. 5. The Tenant has paid $1,628.30 to the Landlord since the application was filed. 6. The rent arrears owing to August 31, 2022 are $4,909.90. 2023 ONLTB 20625 (CanLII) File Number: LTB-L-036262-22 1. The Landlord claimed $40.00 to reimburse the Landlord for administration charges and for bank fees the Landlord incurred as a result of 2 cheques given by or on behalf of the Tenant which were returned NSF. The Board determined that these were electronic funds transfers and not cheques, and as such could not grant the request for these fees. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,609.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of August 31, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $3,586.90. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the Landlord the full amount owing on or before February 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 1, 2023 at 5.00% annually on the balance outstanding. February 17, 2023 ____________________________ Date Issued Robert Patchett Vice Chair, Landlord and Tenant Board 15 Grosvenor St, 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 3 *Note: When the LTB directs payment-out, the C. Imperial Bank of Commerce will issue a cheque to the appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice. 2023 ONLTB 20625 (CanLII) File Number: LTB-L-036262-22 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $6,538.20 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $1,628.30 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,609.00 Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $3,586.90 Order Page: 3 of 3