LTB Order LTB-L-036328-22

Order under Subsection 87(1) Residential Tenancies Act, 2006 Citation: M.C. v W., 2023 ONLTB 20214 2023 ONLTB 20214 (CanLII) Date: 2023-02-16 File Number: LTB-L-036328-22 In the matter of: 103, 195 WELLINGTON ST S HAMILTON ON L8N2R7 Between: M.C. Landlord And T.W. Tenant M.C. (the 'Landlord') applied for an order requiring T. W. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on February 2, 2023. Only the Landlord’s Legal Representative Marija Pavic attended the hearing. As of 4:44 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 an N4 notice of termination that was deemed defective as the monthly rent in line 1 did not correctly set out the actual monthly rent. As a result, the Landlord requested to convert the application to an L9 for arrears only. The Board consented to this request. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The Tenant did not pay the total rent they were required to pay for the period from April 1, 2022 to February 28, 2023. 4. The lawful rent is $681.42. It is due on the first day of each month. 5. The Tenant owes $950.95 in arrears for the period ending February 28, 2023. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 2 It is ordered that: 1. The Tenant shall pay to the Landlord $1,136.95. This amount includes rent arrears owing up to and the cost of the application. 2023 ONLTB 20214 (CanLII) 2. If the Tenant does not pay the Landlord the full amount owing on or before February 27, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 28, 2023 at 5.00% annually on the balance outstanding. February 16, 2023 Date Issued Robert Patchett Vice Chair, 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