LTB Order LTB-L-053208-22

2023 ONLTB 65492 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: O. Aboriginal Housing Support Services Corporation v A., 2023 ONLTB 65492 Date: 2023-10-05 File Number: LTB-L-053208-22 In T. matter of: 5840 LOWANDA LANE SEBRIGHT ON L0K1W0 Between: O. Aboriginal Housing Support Services Landlord Corporation, Infinity Property Services A. an A. of T. M. N. of O. A. C. A. A. Jaimee-lyn L. Tenants O. Aboriginal Housing Support Services Corporation, Infinity Property Services A. an A. of T. M. N. of O. (T. 'Landlord') applied for an order to terminate T. tenancy A. evict C. A. A. Jaimee-lyn L. (T. 'Tenants') because T. Tenants did not pay T. rent that T. Tenant owes (L1 Application). T. Landlord also applied for an order to terminate T. tenancy A. evict T. Tenant because T. Tenant’s behaviour or T. behaviour of someone visiting or living with them had substantially interfered with T. Landlord’s reasonable enjoyment of T. rental complex (L2 Application). These applications were heard by videoconference on September 20, 2023 at 09:00 am. Only T. Landlord Representative Lyndsay Dubois attended T. hearing. As of 11:00 am, T. Tenants were not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. Order Page 1 of 6  File Number: LTB-L-053208-22 At 11:05 am T. Tenant Jaimee-lyn L. signed into but refused to enter T. hearing room A. participate in T. hearing. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 2023 ONLTB 65492 (CanLII) L1 Application 1. T. Landlord served T. Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). T. Tenants did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 2. As of T. hearing date, T. Tenants were still in possession of T. rental unit. 3. T. lawful rent is $1,200.00. It is due on T. 1st day of each month. 4. Based on T. Monthly rent, T. daily rent/compensation is $39.45. This amount is calculated as follows: $1,200.00 x 12, divided by 365 days. 5. T. Tenants have paid $140.00 to T. Landlord since T. application was filed. 6. T. rent arrears owing to September 30, 2023 are $19,924.00. 7. T. Landlord incurred costs of $186.00 for filing T. application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. L2 Application 9. On July 22, 2022, T. Landlord gave T. Tenants an N5 notice of termination deemed served on July 27, 2022. T. notice of termination alleges: • On June 9, 2022 T. Landlord was informed that T. Tenants failed to pay T. electrical bill in accordance with T. lease agreement resulting in T. hydro being shut off to T. rental unit effective October 21, 2021 resulting in T. Landlord transferring T. Hydro account to their name; • On June 13, 2022 it was confirmed by an occupancy check conducted by T. Landlord’s agent George Koci (GK) that T. Tenants were still living in T. rental unit; • On June 16, 2022 an agent of T. Landlord was informed by Hydro One that a safety inspection would have to be conducted prior to reconnecting T. power; Order Page 2 of 6  File Number: LTB-L-053208-22 • On June 20, 2022 T. Tenants were given 24 hours notice that Hydro One would need to attend T. property to conduct a safety inspection on June 23, 2022 between 10:00 am A. 2:00 pm, a copy of T. notice was entered in evidence; • On June 22, 2022 T. Tenant Jaimee-lyn L. contacted T. GK at 8:17 pm requesting 2023 ONLTB 65492 (CanLII) to reschedule T. inspection. GK responded that they could not as it was essential to reconnecting T. power; • On June 23, 2023 a representative from Hydro One attended T. rental unit but due to T. Tenants not being present T. inspection was not completed; • On June 27, 2022 GK sent another 24 hour notice, entered in evidence, to T. Tenants advising that GK A. a representative from Hydro One will be attending T. property on June 30, 2022 to conduct T. inspection; • On June 28, 2022 GK sent a letter advising T. Tenants that Hydro One would be charging a fee of $337.87 to restore T. hydro A. that in accordance with T. lease agreement T. Tenants would pay all private A. public utilities. A copy of T. letter A. T. lease were entered in evidence; • On June 30, 2022 GK A. a representative from Hydro One attended T. property A. received no response from knocking on T. door other than a dog aggressively barking. In T. interest of safety they chose not to enter T. property; A. • In order for T. Tenants to void T. order, within seven days they must provide proof of an account for T. utility bills being in their name, facilitate Hydro One access to T. rental property to conduct T. inspection A. provide T. $337.87 to T. Landlord for Hydro One to reconnect T. electricity. 10. T. Tenants did not provide proof of an account for utilities within seven days after receiving T. N5 notice of termination. Nor did they facilitate access for T. inspection nor provide T. $337.87 to T. Landlord to cover T. cost to reconnect T. electricity. Therefore, T. Tenants did not void T. N5 notice of termination in accordance with section 62(3) of T. Residential Tenancies Act, 2006 (Act).T. Landlord Representative submitted that T. Landlord also incurred costs by assuming T. Hydro One account. 12. Based on T. uncontested evidence presented, I am satisfied on T. balance of probabilities that T. Tenants, another occupant of T. rental unit or someone T. Tenants permitted in T. residential complex has wilfully or negligently allowed T. Hydro One bill go unpaid. This conduct has substantially interfered with T. Landlord’s reasonable enjoyment or lawful right, interest or privilege because it has prevented T. Landlord from maintaining T. rental unit A. forced him to incur additional cost that they would not normally have too. Order Page 3 of 6  File Number: LTB-L-053208-22 13. T. Landlord is also seeking compensation for T. unpaid Hydro One bills in T. amount of $3,741.87 This claim is supported by receipts entered in evidence. 14. This claim was brought forth under section 88.2(1)(a) of T. Act which states: 88.2 (1) A landlord may apply to T. Board for an order requiring a tenant or former 2023 ONLTB 65492 (CanLII) tenant to pay costs described in subsection (4) if, (a) while T. tenant or former tenant is or was in possession of T. rental unit, T. tenant or former tenant failed to pay utility costs that they were required to pay under T. terms of T. tenancy agreement. 15. Based on T. uncontested testimony A. evidence submitted I am satisfied on T. balance of probabilities that T. costs incurred by T. Landlord are reasonable A. that Tenants are responsible for paying T. electrical bill in accordance with T. lease agreement. Relief from eviction 16. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), {including T. impact of COVID-19 on T. parties A. whether T. Landlord attempted to negotiate a repayment agreement with T. Tenant A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. It is ordered that: 1. T. tenancy between T. Landlord A. T. Tenants is terminated A. T. Tenants must vacate T. rental unit by October 16, 2023 . 2. T. Tenants shall pay to T. Landlord $23,440.87 which includes: • $19,699.00 rent arrears owing up to T. date of T. hearing A. T. cost of filing T. application. T. rent deposit A. interest T. Landlord owes on T. rent deposit are deducted from T. amount owing by T. Tenant. See Schedule 1 for T. calculation of T. rent arrears owing; A. • $3,741.00 incurred by T. Landlord for T. unpaid utility bills that T. Tenants were required to pay in accordance with T. lease agreement.. 3. T. Tenant shall also pay T. Landlord compensation of $39.45 per day for T. use of T. unit starting September 21, 2023 until T. date T. Tenant moves out of T. unit. Order Page 4 of 6  File Number: LTB-L-053208-22 4. If T. Tenant does not pay T. Landlord T. full amount owing on or before October 16, 2023, T. Tenant will start to owe interest. This will be simple interest calculated from October 17, 2023 at 6.00% annually on T. balance outstanding. 5. If T. unit is not vacated on or before October 16, 2023, then starting October 17, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction 2023 ONLTB 65492 (CanLII) may be enforced. 6. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after October 17, 2023. October 5, 2023 ____________________________ Date Issued Kelly Delaney Member, Landlord A. 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. In accordance with section 81 of T. Act, T. part of this order relating to T. eviction expires on April 17, 2024 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenant must pay if T. tenancy is terminated Rent Owing To Hearing Date $19,653.00 Application Filing Fee $186.00 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $140.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit - $0.00 Less T. amount of T. interest on T. last month's rent deposit - $0.00 Less T. amount T. Landlord owes T. Tenant for an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total amount owing to T. Landlord $19,699.00 Order Page 5 of 6  File Number: LTB-L-053208-22 Plus daily compensation owing for each day of occupation starting $39.45 September 21, 2023 (per day) 2023 ONLTB 65492 (CanLII) Order Page 6 of 6