LTB Order LTB-T-068879-22

O. under Section 57 Residential Tenancies Act, 2006 Citation: Z. v S., 2023 ONLTB 57327 2023 ONLTB 57327 (CanLII) Date: 2023-08-18 File Number: LTB-T-068879-22 In the matter of: 27 LENTHALL AVENUE SCARBOROUGH ON M1B2C7 Between: M. Z. T. A. S. S. L. M. Z. (the 'T.') A. F. an O. D. T. S. S. (the 'L.') gave a notice of termination in bad faith. This T5 application was heard by videoconference a) initially on October 19, 2021 A. adjourned due to lack of time to complete b) June 30, 2022 A. adjourned upon request of the T. representative who required to attend to a personal matter c) A. completed December 6, 2022 The L., self-represented, A. the T., represented by Jeff Shabes, a licensed Paralegal, attended the hearing. Determinations: 1. A This is a T5 T.-initiated application alleging T. the L. served a N12 Notice to End your Tenancy Because the L., a Purchaser, or a Family Member Requires the Rental Unit, (the “Notice"), in bad faith. 2. F. the reasons as set out below I will be granting the T.’s application. 3. This application is brought pursuant to s. 57(1)(a) of the Residential Tenancies Act, 2006(the 'Act') which states; “The Board may make an O. described in subsection (3) if, on application by a former T. of a rental unit, the Board determines T., O. Page 1 of 6  File Number: LTB-T-068879-22 (a) the L. gave a notice of termination under section 48 in bad faith, the former T. vacated the rental unit as a result of the notice or as a result of an application to or O. made by the Board based on the notice, A. no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former T. vacated the rental unit;” 2023 ONLTB 57327 (CanLII) 4. What this provision means is T. in O. to succeed on this application the T. must lead sufficient evidence to establish it is more likely than not T.: (1) The T. got a notice of termination under s. 48; (2) The T. moved out of the rental unit as a result of the L.’s notice; (3) The notice was given in bad faith meaning the L. had no intention of moving into the rental unit; A. (4) The L. did not in fact move into the rental unit within a reasonable time after the T. vacated. T.’s Submission 5. The T. representative submitted T. the L. served the T. with the N12 Notice effective September 30, 2020. The Notice indicated T. the L. required the rental unit F. his son. 6. As a result of the Notice the T. vacated the rental unit as stipulated on the notice. 7. The monthly rent was $2,200.00 8. The T. representative submitted T. 1 week after he moved out the T. learned T. it was not the L.’s son but someone else T. had moved into the rental unit. 9. The T. representative submitted T. the T. searched the internet A. located a real estate listing F. the rental unit. 10. The T. representative submitted 2 real estate listing F. the rental as follows; i) 27 Lenthall Ave. Toronto ON – monthly $2,100.00 ii) 27 Lenthall Ave. Toronto On Lwr – monthly rent $1,400.00 11. The T. representative submitted T. the move had caused the T. had health concerns A. T. this situation had caused him great stress. Medical documentation was submitted T. the T. was admitted to hospital February 24-28, 2020 A. again December 7-14, 2020. O. Page 2 of 6  File Number: LTB-T-068879-22 12. The T. submitted T. he was unable to find anything equal to what he was renting from the L. A. had to rent a 1 bedroom unit T. was close to his work. 13. The T.’s representative submitted a copy of a lease T. the T. signed on September 23, 2020. The basic rent is $1,700.00 per month A. includes a locker A. a 2023 ONLTB 57327 (CanLII) parking spot. L.’s submission 14. The L. submitted T. his son was to move into the rental unit however the situation has changed A. his son did not move into the rental unit. 15. The L. did not contest T. he was the real estate agent T. advertised the rental property. 16. The L. explained T. he understood the rules, T. he had compensated the T. the required 1 month’s rent A. had filed all the required documents. 17. The L. submitted T. after his son had changed his mind the rental unit was re- rented A. T. the new tenants moved in December 2020. Analysis 18. Based on the evidence received from both the L. A. the T., I find T. the T. vacated the rental unit pursuant to the “notice” provided by the L.. The L.’s desire was to have his family occupy the rental unit. 19. Based on the L.’s submission the T. vacated the rental unit on September 30, 2020. 20. The T.’s evidence supports T. the L. listed the rental premises right after he vacated the rental unit. 21. With respect to the issue of good faith, s. 57(5) of the Act states it is presumed, unless the contrary is proven on a balance of probabilities, T. a L. gave a notice of termination under section 48 in bad faith, if the L. advertises the unit F. sale or lease within one year of the date the T. vacates. In this case, I find T. the L. listed the unit F. rent shortly after the T. vacated September 30, 2020, which is less than one year after the Tenants vacated A. F. a substantial increased rate. 22. The L. did not present any evidence T. his son was going to move-into the rental unit A. had changed his mind. 23. The evidence indicates T. the rental unit was F. $1,200 F. month more than the previous T.. O. Page 3 of 6  File Number: LTB-T-068879-22 24. As the Tenants have established all of the required elements of the test contained in s. 57(1)(a) of the Act, I find T. T. the Landlords served the Tenants the N12 in bad faith. The Tenants are therefore entitled to remedies under s.57(3) of the Act. Remedies 2023 ONLTB 57327 (CanLII) 25. The T. sought the following remedies in their application; I. Remedy 1: - Rent abatement of $26,000.00 II. Remedy 2: - The L. to pay a fine to the LTB III. Remedy 3: - The L. to pay F. T.’s expense IV. Remedy 5: - LTB to O. other remedies Remedy 1 – Rent abatement 26. The T. moved into another unit T. cannot be exactly compared. The new unit is a 1 bedroom, with parking A. a storage locker. The loss of space required the T. to obtain A. pay F. additional storage space. 27. The rent F. the new rental unit is $1,700.00 28. Although not a direct comparable I am awarding the T. $850.00 per month F. the rent differential between the former rental unit A. the new unit. The old unit had 3 bedrooms A. the T. had sublet the lower portion of the rental unit F. $1,000.00. effectively costing him $1,200.00 a month F. the former unit. The T. had also downsized by 2 bedroom A. had lost the use of storage space. Remedy 2 – Fine to the LTB 29. A fine is appropriate where the other remedies awarded will not be sufficient to deter the offending conduct. In this case I believe T. the other remedies awarded will not serve to deter future offending conduct. Based on submissions by the T., namely the real estate listing, the L. appeared to seek profit at the expense of the T.. I find T. Landlords’ conduct to be disruptive to A. without regard to the T.. The Landlords must pay a fine to the LTB of $10,000.00. Remedy 3 – T.’s expenses 30. The T. was required to obtain addition storage F. 1 year after moving out. Receipts were submitted to the Board supporting T. the T. paid $1,306.57, $1,281.57 A. $1,281.57 totaling $3,869.71 O. Page 4 of 6  File Number: LTB-T-068879-22 31. The T. paid F. a mail forwarding service F. 1 year – $96.00 was claimed. A receipt was not provided however this seems reasonable A. I will be awarding $96.00 to the T. F. this service. 32. The T. claimed $1,186.50 F. moving expenses – a receipt was submitted. I will be 2023 ONLTB 57327 (CanLII) awarding the T. the sum of $1,186.50 F. moving expenses. 33. The T. claimed a new condo fee of $50.00. As this matter was not discussed at the hearing, I will decline to make a ruling or award F. this item. Remedy 5 34. The T. requested other remedies. I will be awarding the T. an additional $1,000.00 F. the partial payment of the filing fee A. legal expenses incurred. It is ordered T.: 1. The total amount the L. shall pay the T. is $16,352.21. This amount represents: $10,200.00 F. increased rent the T. has F. the one-year period from October 1, 2020 to September 30, 2021. $1,186.50 F. the reasonable moving, storage A. other like expenses T. the T. has as a result of having to move out of the rental unit. $3,869.71for the costs incurred obtaining additional storage space as a result of having to move out of the rental unit $96.00 F. the cost of redirecting mail F. one year as result of having to move out of the rental unit $1,000.00 F. the cost of filing the application A. legal fees 2. The L. shall pay the T. the full amount owing by August 29, 2023. 3. If the L. does not pay the T. the full amount owing by August 29, 2023, the L. will owe interest. This will be simple interest calculated from August 30, 2023 at 6.00% annually on the balance outstanding. 4. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. 5. The L. shall pay to the L. A. T. Board an administrative fine in the amount of $10,000.00 by August 29, 2023. O. Page 5 of 6  File Number: LTB-T-068879-22 August 18, 2023 Date Issued Peter Pavlovic Member, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 57327 (CanLII) If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. Payment of the fine must be made to the LTB by the deadline set out above. The fine can be paid by certified cheque, bank draft or money O. made payable to the Minister of Finance. If paying in person, the debt can also be paid by cash, credit card or debit card. O. Page 6 of 6