Last updated: July 22, 2024
Ordered by Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$653
to Landlord
Agree with the ruling?
Citation: A.G. Secure Property Management Inc. v Angela Payne, 2023 ONLTB 37865
File Number: LTB-L-006330-23-SA
Hearing Date
Apr 2023
Order Date
May 19, 2023
The motion to set aside order LTB-L-006330-23, issued on March 29, 2023, is granted. Order CEL-04994-22-SA, issued on November 21, 2022 is cancelled and replaced. The Tenants shall pay to the Landlord $653.39 by June 19, 2023. The Tenants shall also pay to the Landlord the lawful rent in full and on time for the month of June 2023. In the event the Tenants fail to make the above said payment in full and on time, the entire balance of the amount set out in this order will become due and payable forthwith under this order. The Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenants, for an order terminating the tenancy and evicting the Tenants and for any arrears that become due after the date of this order, pursuant to s. 78 of the Act.
The Landlord applied for an order to terminate the tenancy and evict the Tenants and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on November 21, 2022 with respect to application CEL-04994-22-SA. The Tenants filed a motion to set aside order LTB-L-006330-23 on April 4, 2023.
The Landlord's Legal Representative submitted that the Tenants' arrears go back to 2020 in which there had been an agreement on consent in 2021, which led to a breach in 2022 where at the hearing the Tenants agreed with the payment plan they subsequently breached as a result.
The Landlord's agent testified that the Tenants have not communicated to them any of their issues regarding their inability to keep up with their rent and arrears payments. The Landlord's Legal Representative does not believe the tenancy is viable due to the lack of consistent payments.
The Tenants testified that the total owing is now $653.39, which will be paid in full. The Tenants testified that they are on disability and that if they are evicted they will be homeless.
The Tenants acknowledged the breach and testified that although they had agreed to make the arrears payments every Friday starting December 2, 2022, until April 7, 2023, the Tenants failed to make any payments in December due to the payment schedule of the Tenant's daughter.
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Rent Arrears
$653
Ordered Amount
$653 (to Landlord)
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