LTB Order LTB-L-059329-22

2023 ONLTB 68665 (CanLII) Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Guelph Non Profit Housing Corp v Pulham, 2023 ONLTB 68665 Date: 2023-10-19 File Number: LTB-L-059329-22-RV In the matter of: 42, 75 FLAHERTY DR GUELPH ON N1H8J8 Between: Guelph Non Profit Housing Corp Landlord And Christa Pulham Tenant Guelph Non Profit Housing Corp (the 'Landlord') applied for an order to terminate the tenancy and evict Christa Pulham (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The application was resolved by order LTB-L-059329-22, issued on August 18, 2023. On September 1, 2023, the Tenant requested that order be reviewed and that the order be stayed until the request to review the order is resolved. The review request was granted on a preliminary basis by order LTB-L-059329-22-RV-IN issued on September 5, 2023. The review request was heard by videoconference on October 10, 2023. The Landlord’s legal representative, Julie Curran and the Tenant attended the hearing. Duty counsel was not available for the locality of the Tenant’s unit. Determinations: 1. The Tenant testified that though she intended to attend the original hearing of the application, she was unable to do so because she felt overwhelmed due to her medical health circumstances. The Landlord did not challenge this assertion, which I then accepted as sufficient proof that the Tenant was not reasonably able to participate in that hearing. As such, I granted the review request and heard the application afresh. 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 Order Page 1 of 4  File Number: LTB-L-059329-22-RV arrears owing by the termination date in the N4 Notice or before the date the application was filed. 3. As of the hearing date, the Tenant was still in possession of the rental unit. 4. The lawful rent is $1,392.00. It is due on the 1st day of each month. 2023 ONLTB 68665 (CanLII) 5. Based on the Monthly rent, the daily rent/compensation is $45.76. This amount is calculated as follows: $1,392.00 x 12, divided by 365 days. 6. The Tenant has paid $408.00 to the Landlord since the application was filed. 7. The rent arrears owing to October 31, 2023 are $18,468.00. 8. The Landlord incurred costs of $244.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. 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 Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Specifically, the Tenant testified that she needs additional time to move given the 12-year duration of her tenancy and that she currently does not have enough money to rent a moving van. However, as the Tenant is unaware of how much additional time she requires, I determined that there is an insufficient basis to delay conditional termination of the tenancy. It is ordered that: 1. Order LTB-L-059329-22 issued on August 18, 2023 is cancelled and replaced with the following: 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $18,712.00 if the payment is made on or before October 30, 2023. See Schedule 1 for the calculation of the amount owing. 4. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after October 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before October 30, 2023 Order Page 2 of 4  File Number: LTB-L-059329-22-RV 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $17,777.60. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $45.76 per day for the use of the unit starting October 11, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 68665 (CanLII) 8. If the Tenant does not pay the Landlord the full amount owing on or before October 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 31, 2023 at 7.00% annually on the balance outstanding. 9. If the unit is not vacated on or before October 30, 2023, then starting October 31, 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 October 31, 2023. October 19, 2023 ____________________________ Date Issued Sean Henry Hearings Officer, Landlord and 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 the Act, the part of this order relating to the eviction expires on April 30, 2024 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before October 30, 2023 Rent Owing To October 31, 2023 $18,876.00 Application Filing Fee $244.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $408.00 application was filed Order Page 3 of 4  File Number: LTB-L-059329-22-RV Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 2023 ONLTB 68665 (CanLII) Total the Tenant must pay to continue the tenancy $18,712.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $17,941.60 Application Filing Fee $244.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $408.00 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $17,777.60 Plus daily compensation owing for each day of occupation starting $45.76 October 11, 2023 (per day) Order Page 4 of 4