LTB Order LTB-L-057260-22

O. under Section 69 2023 ONLTB 32441 (CanLII) Residential Tenancies Act, 2006 Citation: A.W. v J. R., 2023 ONLTB 32441 Date: 2023-04-21 File Number: LTB-L-057260-22 In T. matter of: 4, 15 Sinasac Street Harrow ON N0R1G0 Between: A.W. Landlord A. T. J. R. A.W. (T. 'Landlord') A. F. an O. T. T. T. A. E. J. R. (T. 'T.') because T. T. did not pay T. rent that T. T. owes. This application was heard by videoconference on April 13, 2023. Only T. Landlord attended T. hearing. T. T. was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. T. T. was still in possession of T. rental unit as of T. date of T. hearing. 2. T. lawful rent is $975.00 per month, A. it is due on T. first day of T. month. 3. T. T. has not made any payments to T. Landlord since T. application was filed. 4. T. Landlord’s N4 Notice is defective on T. basis that T. notice filed with T. Board did not include T. rental unit number as required by subsection 43(1)(a) of T. Residential Tenancies Act, 2006 (T. ‘Act’). 5. T. notice also did not specify T. proper rental period, which T. Landlord confirmed runs from T. first of T. month to T. last day of T. month. 6. T. N4 Notice detailed that T. rent period starts on August 1, 2022 A. ends on September 14, 2022.  7. T. notice is defective on T. basis that it does not meet T. statutory requirements pursuant to subsection 59(2) of T. Act in that it does not correctly set out T. rent due in O. F. T. Tenants to void T. notice. O. Page: 1 of 2 2023 ONLTB 32441 (CanLII) File Number: LTB-L-057260-22 8. This reasoning is also consisted with T. Divisional Court in Ball v. Metro Capital Property, [2002] O.J. No. 5931 (Div. Ct.) whereby T. court found that T. notice was seriously deficient in that it failed to provide details about T. reason F. T. notice, was void as a result, A. that T. Member had no jurisdiction to make T. O. F. termination that was requested. 9. In light of these findings at T. hearing, T. Landlord requested to amend their application F. arrears of rent only A. not termination A. elected to proceed with T. application on this basis F. T. period ending April 30, 2023. 10. T. L1 application indicated that T. T. owes rent arrears from June 1, 2022 to October 1, 2022. T. Landlord requested to amend their application to correct T. last day of T. rental period to October 31, 2022. T. Landlord confirmed that T. $4,875.00 claimed in T. application is reflective of T. rent owing to October 31, 2022. 11. Unlike notices of termination, T. Act permits amendments to applications providing that it is not unfair to T. parties. I see no reason to deny T. Landlords request. 12. T. lawful rent is $975.00. It is due on T. 1st day of each month. 13. T. T. has not made any payments since T. application was filed. 14. T. rent arrears owing F. T. rental periods of June 1, 2022 through to April 30, 2023 are $10,725.00. 15. T. Landlord incurred costs of $186.00 F. filing T. application A. is entitled to reimbursement of those costs. It is ordered that: 1. T. T. shall pay to T. Landlord $10,911.00. This amount includes rent arrears owing from June 1, 2022 to April 30, 2023 A. T. cost of T. application. 2. If T. T. does not pay T. Landlord T. full amount owing on or before May 2, 2023, T. T. will start to owe interest. This will be simple interest calculated from May 3, 2023 at 6.00% annually on T. balance outstanding. April 21, 2023 ____________________________ Terri van Huisstede Date Issued Member, Landlord A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 32441 (CanLII) If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page: 2 of 2