LTB Order LTB-L-041884-22

Order under Subsection 87(1) 2023 ONLTB 26506 (CanLII) Residential Tenancies Act, 2006 Citation: R. v W., 2023 ONLTB 26506 Date: 2023-03-21 File Number: LTB-L-041884-22 In the matter of: 44 SULKY RD HAMILTON ON N3P 1K2 Between: M.R. Landlord And K.W. Tenants Laura Gomes M.R. (the 'Landlord') applied for an order requiring K.W. and Laura Gomes (the 'Tenants') to pay the rent that the Tenants owe. This application was heard by videoconference on February 27, 2023. Only the Landlord’s representative Edwin Alexander, licensed paralegal attended the hearing. As of 1:50 p.m., 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 Landlord's evidence. Determinations: 1. As of the hearing date, the Tenants were still in possession of the rental unit. 2. The Landlord amended their application to an L9 application solely for arrears of rent and the filing fee. The Landlord was seeking the arrears outstanding to February 28, 2023. 3. The Tenants did not pay the total rent they were required to pay for the period from July 1, 2022 to February 28, 2023. 4. The lawful rent is $1,029.00. It is due on the 1st day of each month. 5. The Tenants have made $7,058.00 in payments since the application was filed. 6. The rent arrears and daily compensation owing to February 28, 2023 are $290.00. 7. There is no rent being held on deposit.  8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. Order Page: 1 of 2 2023 ONLTB 26506 (CanLII) File Number: LTB-L-041884-22 It is ordered that: 1. The Tenants shall pay to the Landlord $476.00. This amount includes rent arrears owing up to February 28, 2023 and the cost of the application. 2. If the Tenants do not pay the Landlord the full amount owing on or before April 1, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 2, 2023 at 5.00% annually on the balance outstanding. March 21, 2023 ____________________________ Date Issued Greg Witt Member, 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 26506 (CanLII)