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The Board may consider this arrangement, but generally, you should first get a sense of how your situation is being viewed by the Member during the hearing before you even think about the possibility of paying the tenant anything. The tenant may not be able to prove his or her case.

 

It seems that the former tenant may have filed a T5 application claiming that you had given her a notice that you required the unit she occupied to live in for your own use in bad faith. For this to succeed, she would have to prove that you did not truly intend to occupy her rental unit as promised in the notice.

The test to be met in the Residential Tenancies is in Section 57 (1) (a)

“57 (1) The Board may make an order described in subsection (3) if, on application by a former tenant of a rental unit, the Board determines that,

(a) the landlord gave a notice of termination under section 48 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit;…”

This particular situation (involving bad faith application to the Board) is fairly common, especially where the tenant was not happy to move. If your tenant wins their case, then you could be ordered to pay her the difference between the tenant’s old rent and their new rent for up to a year.

You have to show your situation in context. This means explaining your timeline of when you moved in, and if the move in was delayed, what the reason was for the delay. If you rented one room for financial reasons, then you can show this and your expenses during the hearing (the tenant would also have to be given a copy of anything you introduce as evidence).

The tenant may have filed all her evidence with her application, but to access that, you need to ask the Board staff. If she brings more evidence to the hearing, ask for an adjournment if you need more time to analyze what the evidence means for you.

 

It is best to do this through the Board by asking to speak to a mediator at the beginning of your hearing block. If the tenant wishes to try mediation, then you can be ready to give her a money order. If she does not want to mediate, then it will proceed to the hearing, at which point you can explain that the tenant refused to give you her evidence in advance, so you may need to ask for an adjournment and see if you need to get representation. You can mention that you offered what you did to the member as well.

 

A tenant can file an application with the Landlord and Tenant Board after they have moved out provided that it is done within one year from the date the alleged conduct took place.

These provisions the adjudicator was referring to are found under the Residential Tenancies Act. Here is the link to the Regulations, where you’ll find this specific issue under Part II- Matters Relating to Rent- S.8, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060516_e.htm

When an application is filed with the Board, it is up to the applicants to ask the Board to withdraw their application if they don’t want to proceed. I believe the Board requires this to be done in writing. If it’s not withdrawn, the hearing will still be held. I suggest trying to contact your former tenant, if possible, to ask that they withdraw their application with the Board. Otherwise, you would have to attend the hearing. If they do not show up for the hearing then the Board will dismiss their application.

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