LTB Order LTB-L-059870-22

Order under Section 69 2023 ONLTB 39737 (CanLII) Residential Tenancies Act, 2006 Citation: D. H. B. v Usman Malik, 2023 ONLTB 39737 Date: 2023-05-26 File Number: LTB-L-059870-22 In the matter of: 4 MACTIER RD BRAMPTON ON L6P1N8 Between: D.H.B.A.N.D.B. L. A. A. Malik, F. Malik, H. Tenants Mohammad Malik, Ishaaq Malik, Usman Malik A. Zunairah Malik D.H.B.A.N.D.B. (the 'L.') applied for an order to terminate the tenancy A. evict A. Malik, F. Malik, H. Mohammad Malik, Ishaaq Malik, Usman Malik A. Zunairah Malik (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The L. also claimed charges related to NSF cheques. This application was heard by videoconference on May 10, 2023. The L., the L.’ adult children Hai-Yee B. (‘HB’) A. Steven B., A. the Tenant, H. Mohammad Malik (‘HM’), attended the hearing. HB assisted with translating for the L., A. provided evidence herself. Determinations: 1. The L. served the Tenants with a Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). When I asked the L. about a discrepancy in the N4 notice, HB advised that there was a rent increase effective September 5, 2022, A. the rent increased from $3,200.00 to $3,265.00. This increase was for more than the 1.2% provincial guideline that was in place for 2022. HB confirmed that the rental unit was occupied for residential purposes prior to November 15, 2018. The partial exemption from the Act set out at section 6.1 of the Act therefore does not apply.  2. The rent increase that took effect on September 5, 2022 was not lawful because it did not comply with sections 110 A. 120 of the Act, A. the lawful rent remains $3,200.00 per month. Because the rent charged in the N4 notice was based partly on this unlawful rent increase, it did not correctly set out the amount of rent due when it was served, as required by section 59 of the Act. The N4 notice is therefore invalid A. cannot form the basis of an application to terminate the tenancy A. evict the Tenants. 2023 ONLTB 39737 (CanLII) Order Page: 1 of 2 File Number: LTB-L-059870-22 3. The L. decided to proceed with the application to seek an order for arrears of rent only. 4. As of the hearing date, the Tenants were still in possession of the rental unit. 5. The lawful rent is $3,200.00. It is due on the 5th day of each month. 6. The Tenants have paid $6,530.00 to the L. since the application was filed. 7. The rent arrears owing to June 4, 2023 are $20,670.00. HM agreed that this is the correct amount of rent arrears currently owing. 8. The L. are entitled to $180.00 to reimburse the L. for administration charges A. $7.00 for bank fees the L. incurred as a result of 9 cheques given by or on behalf of the Tenants which were returned NSF. 9. The L. incurred costs of $186.00 for filing the application A. are entitled to reimbursement of those costs. It is ordered that: 1. The Tenants shall pay the L. $21,043.00. This includes the arrears of rent to June 4, 2023, reimbursement for the NSF cheques, A. the L.’ costs of filing this application. 2. If the Tenants do not pay the L. the full amount owing on or before June 6, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 7, 2023 at 6.00% annually on the balance outstanding. May 26, 2023 ____________________________ Date Issued Mark Melchers Member, L. A. 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. 2023 ONLTB 39737 (CanLII) Order Page: 2 of 2