Utilities - Re: Outstanding

TEL-89165-18 (Re), 2018 CanLII 111761 (ON LTB)

6. The Tenant was given a first Notice of Termination under section 64 of the Residential Tenancies Act, 2016 (the ‘Act’). The termination date was February 16, 2018. The notice cites the Tenant’s failure to allow the Landlord access to the electrical room to check the wiring associated with an emergency power loss. It also sets out the Tenant’s failure to pay the portion of the utility bills that he is responsible pursuant to the lease agreement. This notice was not voided.

7. The Landlords gave a second Notice of Termination, served on February 14, 2018 with a termination date of March 1, 2018. The second notice sets out the issue of overcrowding in contravention of the lease agreement; non-payment of utility bills; interference with access to the basement for repairs and maintenance and unpaid rent.

10. The Tenant owes $539.70 for Hydro and $436.40 for Enbridge for the period of November 2017 to April 2018. The Landlord has repeatedly asked the Tenant to pay his bills but he has failed to do so.

L2 application

8. The Tenant shall pay to the Landlords all outstanding Enbridge and Hydro Bills which total $976.10 at the date of the hearing.

9. If the Tenant does not pay the Landlord the full amount owing on or before May 6, 2018, they will start to owe interest. This will be simple interest calculated from May 7, 2018 at 3.00% annually on the balance outstanding.

TSL-76397-16 (Re), 2016 CanLII 71341 (ON LTB)

1. The Landlord served the Tenants with an N5 Notice of Termination alleging that they have substantially interfered with his reasonable enjoyment of the residential complex or with another lawful right, privilege or interest because they have failed to pay utility bills as required by the tenancy agreement.

2. The parties did not dispute that after the Landlord served the N5 Notice on July 19, 2016, the Tenants did not pay the utility bills at issue. Therefore, the N5 Notice was not voided under subsection 64(3) of the Residential Tenancies Act, 2006 (the “Act”).

It is ordered that:

1. The Landlord’s application to terminate the tenancy and evict the Tenants is denied so long as the Tenants comply with the following conditions which are being ordered pursuant to section 204 of the Act:

A. The Tenants pay the Landlord $666.00 for the First and Second Bills on or before October 1, 2016.

B. The Tenants shall pay the Third Bill to either the Landlord (if the bill has been paid and after having been provided proof of the Landlord’s payment) or to the municipality (if the bill has not been paid) on or before October 1, 2016.

C. The Tenants shall pay future municipal utility bills for services provided during the tenancy.