LTB Order LTB-L-046092-22

2023 ONLTB 27212 (CanLII) AMENDED ORDER Order under Section 69 Residential Tenancies Act, 2006 And section 21.1 of the Statutory Powers Procedure Act Citation: Shiplake Properties Ltd v Hunter, 2023 ONLTB 27212 Date: 2023-03-27 File Number: LTB-L-046092-22 In the matter of: 2310, 118 BALLIOL ST TORONTO ON M4S0A9 Between: Shiplake Properties Ltd Landlord And Jacob Benjamin John Hunter Tenant On my own motion, this amended order is issued to correct a processing error that occurred which prevented the original order, dated March 27, 2023 from being issued. The original order dated for March 27, 2023 was available on the day of issue in the TOP portal, however due to a mailing issue the order was not mailed and / or emailed to the parties. This order is amended to reflect the amended dates for payment by the Tenant. The amendment is bolded and underlined for ease of reference including the schedules for calculations of arrears. Shiplake Properties Ltd (the 'Landlord') applied for an order to terminate the tenancy and evict Jacob Benjamin John Hunter (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 13, 2023. Order Page: 1 of 4  File Number: LTB-L-046092-22 Only the Landlord’s legal representative, Jason Paine, attended the hearing. 2023 ONLTB 27212 (CanLII) 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. 4. The lawful rent is $. It was due on the 1st day of each month. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to August 31, 2022 are $3,339.60. 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 $1,650.00 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. 9. Interest on the rent deposit, in the amount of $28.10 is owing to the Tenant for the period from April 1, 2021 to August 31, 2022. 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 $1,847.50. 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. 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 April 7, 2023 June 9, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 8, 2023 June 10, 2023 at 6.00% annually on the balance outstanding. Order Page: 2 of 4  File Number: LTB-L-046092-22 May 29, 2023 ____________________________ Date Issued Greg Brocanier 2023 ONLTB 27212 (CanLII) Member, Landlord and Tenant Board March 27, 2023 Date Issued 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. *Note: When the LTB directs payment-out, the Canadian 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. Order Page: 3 of 4  File Number: LTB-L-046092-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 27212 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $3,339.60 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 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 - $1,650.00 Less the amount of the interest on the last month's rent deposit - $28.10 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 $1,847.50 Order Page: 4 of 4