LTB Order LTB-L-061560-22

Order under Section 88.1, 88.2 & 89 Residential Tenancies Act, 2006 2023 ONLTB 71137 (CanLII) Citation: S. v C. P., 2023 ONLTB 71137 Date: 2023-10-27 File Number: LTB-L-061560-22 In the matter of: Main Floor-1 Pixley Crescent Scarborough, ON M1E 3G5 Between: R.S. Landlord And C. C. P. F. R. J. M. I. Tenants R.S. (the 'Landlord') applied for an order requiring C. C. P. and R. J. M. I. (the 'F. Tenants') to pay the Landlord’s reasonable outof-pocket costs that are the result of the F. Tenants’ failure to pay utility costs they were required to pay under the terms of the tenancy agreement. Further, the Landlord applied for an order requiring the F. Tenants to pay the Landlord’s reasonable out-of-pocket costs that the Landlord incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the F. Tenants, another occupant of the rental unit or someone the F. Tenants permitted in the residential complex. Further, the Landlord applied for an order requiring the F. Tenants to pay the Landlord’s reasonable out-of-pocket costs that the Landlord incurred as a result of the F. Tenants or someone else visiting or living in the rental substantially interfering with the Landlord’s reasonable enjoyment or lawful right, privilege or interest. This application was heard by videoconference on September 7, 2023. Only the Landlord attended the hearing. As of 9:43 am, the F. Tenants were not present or represented at the hearing although properly served with notice of this hearing by the Landlord. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord’s evidence. Determinations: Order Page 1 of 4  File Number: LTB-L-061560-22 1. As explained below, the Landlord proved the allegations contained in the application on a balance of probabilities. Therefore, the F. Tenants shall be ordered to pay to the Landlord $1,920.21. 2023 ONLTB 71137 (CanLII) 2. I am satisfied that the Landlord served the F. Tenants with the application at least 30 days before the hearing in accordance with Rule 3.3 of the LTB's Rules of Procedure. 3. The application was served upon the F. Tenants by the Landlord by e-mail on June 12, 2023. The Board sent by e-mail the Notice of Hearing to both Landlord and the F. Tenants on May 31, 2023. As such, on the basis of that evidence, I made the finding that the F. Tenants had adequate notice of both the hearing date and the application prior to the hearing date and the hearing proceeded in the absence of the F. Tenants. 4. The F. Tenants vacated the rental unit on April 24, 2022. Utilities 5. The F. Tenants failed to pay gas, electricity and water costs that they were required to pay under the terms of the tenancy agreement. 6. The Landlord incurred reasonable out-of-pocket expenses of $469.21 as a result of the F. Tenants’ failure to pay gas, electricity and water costs. 7. The Landlord testified that the F. Tenants were required to pay $244.16 to the City of Toronto for water for the period from February 20, 2022 and April 24, 2022. 8. The Landlord testified that the F. Tenants were required to pay $136.86 to Enbridge for gas use for the period from March 17, 2022 to April 24, 2022. 9. The Landlord testified that the F. Tenants were required to pay $88.19 to the City of Toronto for hydro for the period from March 15, 2022 to April 24, 2022. 10. Based on the Landlord’s uncontested evidence, I am satisfied that the F. Tenants owe the Landlord a total of $469.21 for outstanding utilities. Damage 11. The Landlord alleges that the F. Tenants willfully or negligently caused damage in the unit. The Landlord testified that the F. Tenants clogged the kitchen sink which required the services of a plumber in order to remove the block. The Landlord paid $350.00 for the sink to be repaired. 12. Further, the Landlord is seeking an additional $400.00 for cleaning the unit subsequent to the F. Tenants having vacated. Pictures of the unit were entered into evidence which show the unit in a state of disarray. Order Page 2 of 4  File Number: LTB-L-061560-22 13. Based on the Landlord’s uncontested evidence, I am satisfied that the F. Tenants willfully or negligently caused the damage as outlined and will be ordered to pay the Landlord $750.00 for the damage. 2023 ONLTB 71137 (CanLII) Substantial Interference 14. The Landlord also sought $500.00 in out-of-pocket expenses, alleging he was substantially interfered with by the F. Tenants as they did not provide notice to the Landlord that they intended to vacate the unit, took 4 of the Landlord’s chairs, the wall-mounted TV stand, portable microwave stand, modem stand, water horse and trampoline. 15. The Landlord testified that the F. Tenants had also damaged a camera he had installed so that when they vacated the unit the Landlord was not able to see the F. Tenants removing these items from the unit. 16. On the basis of the Landlord’s uncontested evidence, I am satisfied that the F. Tenants substantially interfered with the Landlord’s reasonable enjoyment of the unit by removing his items from the unit when they vacated. As such, the F. Tenants will be ordered to pay to the Landlord $500.00. It is ordered that: 1. The F. Tenants shall pay to the Landlord $469.21, which represents the reasonable out-of-pocket expenses the Landlord incurred as a result of the unpaid utility costs. 2. The F. Tenants shall also pay to the Landlord $750.00, which represents damage costs the Landlord incurred as a result of the F. Tenants. 3. The F. Tenants shall also pay to the Landlord $500.00, which represented the Landlord’s out-of-pocket expenses as a result of the F. Tenants’ substantially interfering with the Landlord. 4. The F. Tenants shall pay to the Landlord $201.00 for the cost of filing the application. 5. The total amount the F. Tenants owes the Landlord is $1,920.21. 6. If the F. Tenants do not pay the Landlord the full amount owing on or before November 7, 2023, the F. Tenants will start to owe interest. This will be simple interest calculated from November 8, 2023 at 7.00% annually on the balance outstanding. October 27, 2023 ____________________________ Date Issued Jagger Benham Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page 3 of 4  File Number: LTB-L-061560-22 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 71137 (CanLII) Order Page 4 of 4