LTB Order LTB-L-054008-22

2023 ONLTB 31907 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: V.S.C. v Ian Thomas Lochrie, 2023 ONLTB 31907 Date: 2023-04-20 File Number: LTB-L-054008-22 In the matter of: BSMT, UNIT 1, 1343 VICTORIA PARK AVE SCARBOROUGH ON M4B2L5 Between: V.S.C. Landlord And C.L.M.B. Tenants Ian Thomas Lochrie V.S.C. (the 'Landlord') applied for an order to terminate the tenancy and evict C.L.M.B. and Ian Thomas Lochrie (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on April 11, 2023. Only the Landlord and his Representative, T. Sivapatham attended the hearing. The Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. On April 3, 2023, the Landlord’s Representative dropped off an L1/L9 Update Form and left it in their mailbox then followed up by text. 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 the Tenants with a valid Notice to End Tenancy Early for Nonpayment of Rent (N4 Notice). The Tenants 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. As of the hearing date, the Tenants were still in possession of the rental unit. 3. The lawful rent is $1,400.00. It is due on the 1st day of each month. Order Page: 1 of 4  File Number: LTB-L-054008-22 4. Based on the Monthly rent, the daily rent/compensation is $46.03. This amount is calculated as follows: $1,400.00 x 12, divided by 365 days. 5. The Tenants have not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $36,400.00. 2023 ONLTB 31907 (CanLII) 7. The Landlord has chosen not to proceed at Superior Court for the full amount and is aware that by proceeding at the Board any claim the Landlord may have for arrears in excess of $35,000.00 is extinguished if this tenancy terminates. 8. The Landlord collected a rent deposit of $1,400.00 from the Tenants and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. The Landlord owes the Tenants $36.70 which represents interest on the deposit from October 1, 2020 to April 11, 2023. 10. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenants and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $36,400.00 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $37,800.00 if the payment is made on or before May 1, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after May 1, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before May 1, 2023. Order Page: 2 of 4  File Number: LTB-L-054008-22 5. If the tenancy is terminated, the Tenants shall pay the Landlord $34,069.63 which represents the rent owing to April 11, 2023, less the deposit and interest owing on the deposit. 6. The Tenants shall also pay the Landlord compensation of $46.03 per day for the use of the unit starting April 12, 2023 until the date the Tenants moves out of the unit. 2023 ONLTB 31907 (CanLII) 7. If the Tenants do not pay the Landlord the full amount owing on or before May 1, 2023, the Tenants will start to owe interest. This will be simple interest calculated from May 2, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before May 1, 2023, then starting May 2, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after May 2, 2023. April 20, 2023 ____________________________ Date Issued Sandra Macchione Member, Landlord and Tenants 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 the Act, the part of this order relating to the eviction expires on November 2, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. *Note: When the Board 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 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $36,400.00 Application Filing Fee $0.00 NSF Charges $0.00 Order Page: 3 of 4  File Number: LTB-L-054008-22 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 2023 ONLTB 31907 (CanLII) an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $36,400.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before May 1, 2023 Rent Owing To May 31, 2023 $37,800.00 Application Filing Fee $0.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $37,800.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $35,506.33 Application Filing Fee $0.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,400.00 Less the amount of the interest on the last month's rent deposit - $36.70 Less the amount the Landlord owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlord $34,069.63 Plus daily compensation owing for each day of occupation starting $46.03 April 12, 2023 (per day) Order Page: 4 of 4