LTB Order LTB-L-101235-25 — Sbeit v. Tams & Farrage | Vaughan Utility Arrears Eviction

Tenancy continues conditionally upon Tenant paying $728.92 in utility costs by April 30, 2026, and paying all future electricity and heat costs on time.
Tenant must pay $186.00 in application filing costs, bringing the total to $914.92.
If Tenant fails to comply, Landlord may apply under Section 78 RTA for termination without notice to the Tenant within 30 days of a breach.
Interest at 4.00% per annum (simple) applies on any outstanding balance after April 25, 2026.
Rent deposit of $2,600.00 remains held by the Landlord; $49.81 in deposit interest is owed to the Tenant for the period March 31, 2025 to February 26, 2026.

Landlord claimed Tenant failed to pay electricity, heat, and hot water tank rental fees as required by the lease, accruing arrears of $841.50 and additional charges thereafter.
Tenant disputed that utilities were part of the lease agreement, claiming he did not read the lease carefully and was confused when the Landlord began sending bills mid-tenancy.
Member determined the lease clearly obligated the Tenant to pay electricity, heat, and hot water tank rental, and the Tenant's own testimony confirmed non-payment.

Application was properly amended 15 days before the hearing per Rule 15; Tenant had adequate notice and suffered no prejudice.
Tenant did not void the N5 notice of termination by failing to pay outstanding utility charges within seven days of receiving it (s.64(3) RTA).
Landlord proven on balance of probabilities that Tenant failed to pay heat and electricity utilities required under the tenancy agreement.
Hot water tank rental ($673.90) is not a 'utility' as defined in Section 2 of the RTA (heat, electricity, and water only) and cannot be recovered under Section 88.2.
Reasonable out-of-pocket expenses for heat and electricity confirmed at $728.92.
Relief from eviction granted under s.83(1)(a) and s.204(1) RTA, considering Tenant's wife receives disability benefits, Tenant receives WSIB benefits, and non-payment was partly due to misunderstanding.

Landlord filed an L2 application for eviction based on unpaid utility costs (electricity, heat, and hot water tank rental) totalling $841.50 initially, later amended to include additional charges.
N5 notice was served November 17, 2025; Tenant failed to void the notice by paying outstanding utilities within seven days.
Member found the lease clearly assigned responsibility for electricity, heat, and hot water tank rental to the Tenant, despite the Tenant's claim of confusion.
Hot water tank rental of $673.90 was excluded from the order as it does not qualify as a 'utility' under Section 2 of the RTA.
Relief from eviction was granted conditionally; tenancy continues if Tenant pays $728.92 in utility costs by April 30, 2026, plus $186.00 in filing costs.