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Dismissal of Eviction Application for Persistent Late Payment

LTB Case LTB-L-051080-22 Analysis

Case Timeline

Application Date: Date not provided
Hearing Date: October 18, 2023
Order Issued: November 10, 2023
Termination Date: Date not provided
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-051080-22
Address: 298 LAKE AVE E, CARLETON PLACE ON K7C1J5
Form Used: N8
Served By: Landlords
Amount Awarded: None
Decision In Favor: Tenants
Application Type: Eviction for persistent late payment of rent
RTA Sections: Section 69

Parties Involved

Landlord: Randal Stuart Hamelin, Jessica Anita Hamelin
Landlord Rep: Self Represented
Tenant: Robb Hiller, Kelly Hiller
Tenant Rep: Linda Tranter
Adjudicator: Madeline Ntoukas
Keywords: eviction, late payment, N8 notice, dismissal, record keeping

Decision Summary

Application for eviction dismissed.
Evidence did not meet the required standard of proof.

Dispute Summary

Dispute over the accuracy of rent payment records.
Tenants argued rent was prepaid, landlords claimed it was late.

Findings & Determinations

No conclusive evidence of late payments from January 2022 to August 2022.
Landlords' record keeping found to be inaccurate.

Summary Points

Landlords applied to evict tenants for persistent late payment.
Application dismissed due to insufficient evidence of late payments.
N8 notice limitations discussed, only considering Jan 2022 to Aug 2022.
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