LTB Order LTB-L-047831-22

Order under Section 69 2023 ONLTB 27061 (CanLII) Residential Tenancies Act, 2006 Citation: Saickley Enterprises Ltd v H., 2023 ONLTB 27061 Date: 2023-03-27 File Number: LTB-L-047831-22 In the matter of: 109, 230 Gloucester Street Ottawa Ontario K2P0A9 Between: Saickley Enterprises Ltd Landlord And J.P.H. Tenant Saickley Enterprises Ltd (the 'Landlord') applied for an order to terminate the tenancy and evict J.P.H. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 14, 2023. Only the Landlord’s Agent Nancy Cutler attended the hearing. As of 1:39 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. Since the Tenant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Agent relied on oral submissions and referred to documents to support their application. 2. 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. 3. The Tenant was in possession of the rental unit on the date the application was filed. 4. The Tenant vacated the rental unit on November 29, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. Order Page: 1 of 3  5. The lawful rent was $2,075.00 and it increased to $2,099.90 on November 1, 2022. It was due on the 1st day of each month. 6. The Tenant has paid $9,399.90 to the Landlord since the application was filed. 7. The rent arrears owing to November 29, 2022 are $9,052.26. 2023 ONLTB 27061 (CanLII) File Number: LTB-L-047831-22 8. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 9. The Landlord collected a rent deposit of $2,075.00 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. 10. Interest on the rent deposit, in the amount of $10.95 is owing to the Tenant for the period from November 2, 2021 to November 29, 2022. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of November 29, 2022, the date the Tenant moved out of the rental unit 2. The Tenant shall pay to the Landlord $7,167.31. 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, the Tenant will start to owe interest. This will be simple interest calculated from April 8, 2023 at 5.00% annually on the balance outstanding. Date Issued John Cashmore Member, Landlord and Tenant Board March 27, 2023 ____________________________ 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  File Number: LTB-L-047831-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 27061 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $18,452.16 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $9,399.90 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 - $2,075.00 Less the amount of the interest on the last month's rent deposit - $10.95 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 $7,167.31 Order Page: 3 of 3