LTB Order LTB-T-055513-22

O. under Subsection 135 Residential Tenancies Act, 2006 2023 ONLTB 62739 (CanLII) Citation: H. v F., 2023 ONLTB 62739 Date: 2023-09-26 File Number: LTB-T-055513-22 In the matter of: 16 TEXAS RD AMHERSTBURG ON N9V2R7 Tenants Between: J. H. R. P. A. L. E. F. J. H. A. R. P. (the 'Tenants') A. F. an O. D. T. E. F. (the 'L.') collected or retained money illegally. This application was heard by videoconference on September 7, 2023. The Tenant R. P., the Tenant’s Representative Tim Currie, the L., A. the L.’s Representative Justin Brodie Timms-Fryer attended the hearing. Determinations: 1. As explained below, the Tenants proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the Tenants $1,392.29 by October 7, 2023. Interest on rent deposit 2. The L. failed to pay the Tenants interest on the last month's rent deposit, as required by s. 106(6) of the Residential Tenancies Act, 2006 (the 'Act'). 3. At the hearing, the L. admitted they never paid the interest owed in the amount of $39.29. Compensation F. N13 Notice 4. The L. gave the Tenants an N13 notice of termination on February 20, 2021 under  s. 50(1)(a) of the Act F. demolition A. did not pay the Tenants compensation equal to one month’s rent. 5. Section 52(2) of the Act states: O. Page 1 of 3 2023 ONLTB 62739 (CanLII) File Number: LTB-T-055513-22 (2) A L. shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if, (a) the tenant receives notice of termination of the tenancy F. the purposes of demolition or conversion to non-residential use; (b) the notice of termination is given on or after the day the Protecting Tenants A. Strengthening Community Housing Act, 2020 receives Royal Assent; (c) the residential complex in which the rental unit is located contains fewer than five residential units; A. (d) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 6. At issue here is whether the demolition was ordered to be carried out under the authority of any other statute under s. 52(2)(d) of the Act. 7. The O. from the town of Amherstburg issued on January 26, 2021 only required the L. to repair the rental unit, not demolish it. Furthermore, the L.’s appeal of T. O. made on February 10, 2021 states: “[the L.] not able to remedy in time provided (by April 25, 2021) as required to give tenant until June 30, 2021 to vacate property. Owner has decided to demolish rather than repair.” [emphasis added] 8. The Tenants also submitted the L.’s notice/grounds of appeal letter to further reinforce this conclusion. 9. The L.’s notice/grounds of appeal specifically states: • “The list of required improvements is substantial A. expensive to undertake. I receive a rather modest amount of rent F. this property A. as such the cost of the repairs when compared to the amount to rent T. can be collected make the required renovations financial[ly] impractical.”  • “F. the above noted reason, I have come to the difficult decision to demolish the dwelling unit. Covid coupled with the general difficulty of hiring trades in this time of high demand, has made renovations costly A. quite frankly, out of my financial reach.” 10. It is unequivocally clear T. the Town of Amherstburg never ordered the L. to 2023 ONLTB 62739 (CanLII) demolish the rental unit A. T. it was their own decision. The L. submitted T. the demolition was their means of complying with the O., however T. does not address the statutory terms of s. 52(2)(d) of the Act which in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 11. Since demolition was not ordered to be carried out, the L. must compensate the Tenants in an amount equal to one month’s rent, in this case $1,300.00. . File Number: LTB-T-055513-22 It is ordered T.: 1. The total amount the L. shall pay the Tenants is $1,392.29. This amount represents: • $39.29 F. interest on the last month's rent deposit; • $1,300.00 F. the compensation owing; A. • $53.00 F. the cost of filing the application. 2. The L. shall pay the Tenants the full amount owing by October 7, 2023. 3. If the L. does not pay the Tenants the full amount owing by October 7, 2023, the L. will owe interest. This will be simple interest calculated from October 8, 2023 at 6.00% annually on the balance outstanding. September 26, 2023 ____________________________ Date Issued Elan Shemtov Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234.  . 2023 ONLTB 62739 (CanLII)