Glen Suites v Taylor

Split/Other wins · Oshawa · 2025-07-11

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

G.S.

Tenant

J.T.

Landlord rep

Joey Kay

What happened

The Landlord applied for rent arrears and eviction. However, the rental unit was severely damaged by a fire on December 31, 2024, and remains uninhabitable as repairs have not yet commenced. While the tenancy was not officially terminated, the Board determined that because the unit is uninhabitable, the Landlord is in breach of a material covenant. Consequently, the request for eviction was denied under Section 83(3)(a). The Landlord proceeded with a claim for rent arrears accumulated between October 1, 2024, and the date of the fire.

The ruling

The LTB denied the Landlord's request for eviction because the rental unit is currently uninhabitable due to fire damage, placing the Landlord in breach of material obligations. However, the Tenant is ordered to pay $4,012.53 to the Landlord, representing rent arrears from October 2024 until the date of the fire (December 31, 2024) plus the application filing fee.