Case Study

Eviction — Interference with reasonable enjoyment · Other · LTB-L-011454-22

Ontario LTB order in Other · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 10, 2023

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-011454-22
Address: 139 Brock, Harriston Ontario N0G1Z0
Form Used: N5
Amount Awarded: $2,243.83
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 88.2, Section 78, Section 83

👥 Parties involved

Landlord: Belinda bowen
Landlord Rep: Self Represented
Tenant: Rebecca palmer
Tenant Rep: Self Represented
Adjudicator: Margo den Haan
Keywords: eviction, interference with reasonable enjoyment

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out below. 2. On or before March 11, 2023, the Tenant shall pay to the Landlord $2,243.83, which represents the reasonable out-of-pocket expenses the Landlord has incurred or will incur as a result of the unpaid utility costs to the date of the hearing. 3. For a one-year period following the date that this order is issued the Tenant shall pay the Landlord the Tenant’s full share of the gas and water and sewage bills within 7 days of being provided with the bill by the Landlord. 4. On or before March 11, 2023, the Tenant shall also pay to the Landlord $113.00, which represents the reasonable out-of-pocket expenses the Landlord has incurred or will incur as a result of the cancelled mould inspection. 5. On or before March 11, 2023, the Tenant shall also pay to the Landlord $201.00 for the cost of filing the application. 6. If the Tenant does not pay the Landlord the full amount owing on or before March 11, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 12, 2023 at 5.00% annually on the balance outstanding. 7. If the Tenant fails to comply with the conditions set out in paragraphs 2 or 3 of this order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition. This application is made to the LTB without notice to the Tenant. February 28,...

💡 Summary points

applied for an order requiring Rebecca Palmer (the 'Tenant') to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs she was required to pay under the terms of the tenancy agreement and out-of-pocket expenses incurred as a result of a cancelled mould inspection. This application was heard by videoconference on January 10, 2023.
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🧑‍⚖️ Same adjudicator

Margo den Haan

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