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LTB Order Dismissal for Non-payment of Rent Case

Case LTB-L-067318-22 Dismissal

Case Timeline

Application Date: April 6, 2021
Hearing Date: July 6, 2023
Order Issued: August 17, 2023
Termination Date: February 5, 2021
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-067318-22
Address: 8 Bethune Avenue, Welland ON L3B0H5
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections:

Parties Involved

Landlord: Bhupinder Gill
Landlord Rep: Samila Waslat
Tenant: Josh McDougall and Tashina Pinkerton
Tenant Rep: Self Represented
Adjudicator: Amanda Kovats
Keywords: eviction, non-payment of rent, dismissal, vacated

Decision Summary

Application dismissed as tenants were not in possession at the time of filing.
Evidence supports tenants' claim of earlier vacate date.

Dispute Summary

Landlord claimed tenants owed rent and did not vacate by notice date.
Tenants argued they vacated much earlier and left no possessions of value.

Findings & Determinations

Tenants vacated on February 1, 2021, prior to the termination notice date.
Landlord's visit findings and hydro account details insufficient to prove continued tenant possession.

Summary Points

Landlord's application for eviction due to non-payment dismissed.
Tenants vacated the unit before the termination date of the notice.
No credible evidence of tenants' possession beyond claimed vacate date.
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