1.a)Can I get assistance in describing the merits/weaknesses on both sides of the scenarios above, helping me understand the adjudicator's decision and the reasons for that decision, and what, if anything, should have been done differently. (If the adjudicator withholds their decision, what should have been decided and why would we think so.

b)Can I get assistance finding a Landlord Tenant Board case with facts similar to the ones above and write a brief of the case for my better understanding as well

SCENARIO 1

I don't know what.

One second.

Okay.

And it just seemed last night.

One second.

So, please.

I almost.

I'm unmuting.

I just have to change a bunch of things before I share my screen because of this Zoom issue.

So just give me a sec.

If I may, Mr. Adjudicated for a second.

Sir.

I do see a couple documents that seem to have been uploaded.

However, September 15th was one from the landlord and I guess September 8th was one from the landlord.

Okay.

So, Anna, what do you want me to, what are we talking about right now?

What document?

Anna.

Andrew.

Document one, landlords.

I'm off mute.

What document do you want me to show?

Okay.

She's just finding the exact date when it was sent.

I guess what document is that?

Is it an email on February 11th?

One second.

Let me see if this works.

Can everyone see my screen?

Okay.

So sorry, what do you want us to tell?

What do you want to tell us about this?

Yes, this one is, this one is from her agent.

That's her agent and this is my agent.

And they want to offer us what to have to do.

That's what they did.

That's what they did.

Do you have an objection?

First objection, I have not been provided with this documentation at any time.

Second objection, it says, if you look at that document, it says my clients agree.

It does not say my clients offer.

It says they agree to pay a deposit.

But do you want to object to it being submitted or do you want to talk about it?

I would like to object to it being submitted in its entirety.

Yes.

I just talked.

Sorry?

I talked to my agent.

I said they file about that and she said to me, she said that they offer.

They offer.

They offer our data.

Okay, either way.

I think either way, Mr. Adjudicator, if we all.

Oh yeah, my apologies.

Go ahead.

I don't know why the confirmation of cooperation is also in here, but Vanna, what's the relevance to this confirmation of cooperation between the two brokerages?

Yes, yes, yes, they say that I put a deposit and they spoke to.

We have a one year contract for this and then I want to sell the house for my sister, what the hell, to get my daughter to stay there for one room for free.

But and then they won't move out, so they won't pay any, they won't move out.

And they and my sister say they won't buy and have a house, so we have to sell our house.

So we have to live in her attic and a petty deposit.

If we have a pay offer, we never do anything.

We never have a, we never offer, but we don't want that.

We don't even want to, but we have a brand new floor and we don't want any.

I'm not.

Okay.

All right.

And she put the snake in the house.

She had a green snake.

Sorry, did you collect the damage deposit for a pet?

I, yes, they send me.

Yes.

So we agree on that.

Yes.

Sorry.

This is the one they offer if they adopt.

You're saying they offered it.

Okay.

We don't know nothing about it.

They want is rolling out.

They may experience to do all kinds of stuff, but for me is the first time for me.

And I'm, I'm a religion people, so I go live.

I'm not understanding what you're saying.

Okay.

And so you didn't send any of your evidence that you wanted to rely on.

You didn't send it to the landlord or sorry to the tenants representative or the tenant.

No.

No.

Okay.

Why didn't you do that?

Because for lack of understanding of the system, how it works.

So, okay.

We have never said, and they just operate.

I would never do a no knocking.

They just act.

We just operate.

They pull up.

They do all the women, everything, but we got a no knocking.

Okay.

All right, Mr. Assad.

So as to my point, Mr. Judicator, I feel that even if the evidence is to be accepted by you as relevant to the situation, I feel that based on the way the response was written, my clients were not actually the ones that provided this offer.

Rather, they were told they were required to pay it as there was a provision in the initial posting that indicated no pets.

And I think it's very important that the landlords as they're indicating this is one of their first times that they're going through this, understand that there is not a pet provision that is enforceable.

You can't contract out of the Act landlords.

Oh, hello, Mr. Kozak.

Sorry for the interruption.

I think I've covered all the mediation that was available today.

I'm just doing one call out.

I have a meeting that I can attend.

Another meeting that I can attend if there's no other mediations just out to the gallery.

Is there anybody who wants to reconsider mediation?

Otherwise, I'm going to be leaving the meeting.

Okay, I don't think so.

Okay, good luck, everybody.

Thank you.

Thank you.

Thank you very much.

All right.

Yeah, there's no contracting out for the Act, Fanna and Andrew.

Even if they did, I guess, offer it but there's nothing showing up there.

They didn't.

They did.

You can write anything on a piece of paper, it can still violate the Act. I don't care if you have a contract that's, it's not legally binding.

If it violates the RTA, the Residential Tenancies Act. And I don't even see, you haven't submitted anything that there is a lease.

You submitted.

We have a lease right here.

We have a lease to send.

Is it an Ontario standard lease?

Yeah, it's 400 and 401.

That's a realtor form, remember.

It's not a standard lease, so I don't care.

Okay, so it's undisputed that you're still holding the deposit?

You have it, sorry?

We have an orderly agreement.

If you want to send it, we sent yesterday, last night, we have a sender.

So I think I did get an email or the board got an email last night or whatever, but you didn't send anything to the...

We have a lease agreement.

Further Mr. Adjudicated, the lease agreement is in my own disclosure package.

I've provided it as tab A, as the first tab of the entire thing.

Okay, so then I'm going to refer back to that then.

And Fanna, can you please tell me what you would like me to look at?

What part of the lease do you want me to look at?

You can give me a page number if you want.

The lease agreement is paw hand up and...

Sorry, what page?

Oh, yeah.

Yeah, paw hand up, paw paw hand up.

I know what page.

What do you want me to look at?

I'm not going to read the whole thing, so just tell me what you want me to look at.

Is this the tenant agrees to pay the landlord $2,200 as a security deposit?

That's the term you're talking about?

Okay, against any damages with the...or any damages which the tenants may make, such deposit will be returned to the tenant at the end of the lease term after the landlord inspects the property.

The security deposit is to be provided to the landlord when the landlord provides the tenant with keys to the premises.

That's what you want me to look at?

Yes.

Okay, that violates the Residential Tenancies Act and you can't contract out of the Act. Okay.

And another one here is the landlord lease.

Another one is the 401A. Which paragraph do you want me to look at here?

Number six.

I don't...reading it out, Mr. Judicator.

Well, I'm just trying to...

I don't even know what I'm...what am I looking for?

What page?

By the email of fact, only 24 hours before no.

I'm on form 401.

What do you want me to look at?

Look what that one is enter.

We are allowed to enter 401.

We're allowed to enter by delivery, fact or mail.

It's not relevant to the...

I don't even understand what is...

She's making reference to a part of the contract about entry, about the notice provided for entry.

Again, this is an application that they're looking...

Is that what you're trying to show me?

Okay.

I don't know what you're trying to prove with that.

Again, objection.

It's not...

I don't...okay.

I just basically said that, so thank you.

Nothing to do with a pet deposit.

So you don't just think that you collected a pet deposit and you don't have anything to show that they offered it and honestly it doesn't matter, so...

This one, we don't go with them.

We don't talk with them because we don't offer them.

We want everything go by agent.

They offer the agent and my agent offer me.

Then your agent is correct.

We don't deal with them.

We deal with the agent.

Okay.

Then your agent shouldn't be giving you legal advice then.

Or they should be here to talk to it.

So you're the landlord.

You're holding a security deposit that's illegal.

Is there anything...any other evidence or anything else you'd like to bring to my attention in relation to this application?

I have been applied.

Appendant is not vulnerable when...

Sorry, I can't...

Andrew, do you mind?

The audio just keeps cutting out.

Do you mind?

When you talk, I can kind of hear it more clear.

Can you?

Yeah, I'm not sure.

Do you have any more...the judge is asking you, is there any more evidence to offer?

I think you've heard a little bit here.

Well, I don't understand because this one here, I don't deal with her.

I just deal with the agent.

So the agent deal with her.

So yeah, the agent deal with her.

They don't want offer.

I don't know that's the trick from them.

They don't want offer to the agent and the agent offer from my agent and my agent.

It's to me.

Send to me.

Okay.

So your agent was the one that facilitated it on behalf of you.

That's what an agent is, right?

Yeah, we don't do that to the agent.

So why?

And we never offer everything to the agent.

Everything, that's the why.

I make a separate language.

That's why I go to the agent.

And I still get tricked.

Okay.

So the legal for landlords to collect deposits that exceed one month or one week for the rent, okay?

So I don't think that there's anything else relevant to this application that I need to hear or seen everything.

Can I say that application and they not follow the rule?

Sorry?

Can I say that they not follow the rule when we have a contract right here and they not follow the rule?

But you didn't follow the rule.

No, they don't have contract.

They need to agree.

They sign signature, everything they do here.

So I think I've said it a few times, but I'll explain it one more time.

It is illegal to collect a deposit that exceeds one month.

You're not allowed to collect a security deposit for pets or for any matter other than last month's rent.

You did that.

Therefore, you violated the Residential Tenancies Act. Whether or not they agree to it is kind of irrelevant.

And the second thing, you think I'm wrong, but you think they sign the law.

They don't cut the law.

They make us have to do all the law for us here.

Are you talking about a law?

And the money?

I'm sorry, but it's not relevant to it.

So I've explained it to you.

The money, they don't pay us for two and a half percent and they make a contract.

We're allowed to email to come visit and they're not allowed to come and visit to look at the house.

Did you give them a notice to come and return their pet deposit?

Is that what it's about?

Then no, I don't want to hear about anything else other than this application unless it's relevant to the application and I've heard everything.

So therefore, we're done now.

Okay.

So I'm reserving on my decision, which means I'm going to write my order and I'm going to send it out.

But I'm just trying to explain the law to you as best as I can without giving you legal advice.

And I suggest that you obtain legal advice.

Because when you get my order, you're going to want to look at it, review it and understand it.

Okay?

We're done.

Two and a half percent and that's our fault.

They make us even follow the rule a 24-hour note by mail.

That's our fault.

Sorry, does that have anything to do with the pet deposit?

It's a totally racist form of the lend or the pendant to us.

It's what?

Everything I go to the agency, they don't want to offer.

They don't want to offer.

We're not doing anything.

They don't want to offer.

Okay.

But the second thing here, all the leads here, they're blocking the lead.

But we're allowed to faff our email.

But they don't let us.

They make us write over there and stick the note in their door.

After one year, they say stick it or not, they don't let us.

And in the email here, they say we're allowed right here.

The main law, we let them 24 hours before the notes and we can faff our email.

But they say we're now going to write all the way from...

Again, I don't know what you giving a notice of entry has anything to do with the pet deposit or the damage deposit.

Mr. Assad?

Nothing relevant.

I just wanted to make sure I object to everything that was just said.

That's all.

Go ahead.

Okay, great.

We have a form.

We have a form that I talked to the agent.

They say that the tenant is offering to write an email right here that he said they offer.

So that email, are you talking about the email that you showed me or that we shared on the screen?

That just says that they agree.

It doesn't say anything about if free will offer and it doesn't necessarily matter when it comes to contracting out of the act.

That's the trick.

That's the trick.

They don't want to offer the agent.

The agent say they never...

Great.

Do you have anything to show that they offered it other than that email?

If they damage, what can we do?

If they damage the house, what can we do?

If they damage the house, you don't use it in a legal damage deposit.

You can file your own application.

Anyways, is there anything else you'd like to bring to my attention?

I've said this is concluded and you're just repeating the same thing.

If they damage the house, what can we do?

Get legal advice.

We're done.

Okay.

Parties are free to go.

Please don't speak anymore.

Thank you, Mr. Agent.

You guys are really late.

Thanks.

Thank you.

Thank you very much.

Thank you.

I don't know what.

One second.

Okay.

And it just seemed last night.

One second.

So, please.

I almost.

I'm unmuting.

I just have to change a bunch of things before I share my screen because of this Zoom issue.

So just give me a sec.

If I may, Mr. Adjudicated for a second.

Sir.

I do see a couple documents that seem to have been uploaded.

However, September 15th was one from the landlord and I guess September 8th was one from the landlord.

There are empty documents on my end.

I'm not sure what you're viewing.

Well, I'm just playing with my Zoom settings.

I'm not looking at anything right now.

Okay.

My apologies.

That's okay.

I'm just standing on this now for two minutes.

Sorry.

Okay.

All right.

I think I may have figured it out.

Okay.

So, Anna, what do you want me to, what are we talking about right now?

What document?

Anna.

Andrew.

Document one, landlords.

I'm off mute.

What document do you want me to show?

Okay.

She's just finding the exact date when it was sent.

I guess what document is that?

Is it an email on February 11th?

One second.

Let me see if this works.

Can everyone see my screen?

Okay.

So sorry, what do you want us to tell?

What do you want to tell us about this?

Yes, this one is, this one is from her agent.

That's her agent and this is my agent.

And they want to offer us what to have to do.

That's what they did.

That's what they did.

Do you have an objection?

First objection, I have not been provided with this documentation at any time.

Second objection, it says, if you look at that document, it says my clients agree.

It does not say my clients offer.

It says they agree to pay a deposit.

But do you want to object to it being submitted or do you want to talk about it?

I would like to object to it being submitted in its entirety.

Yes.

I just talked.

Sorry?

I talked to my agent.

I said they file about that and she said to me, she said that they offer.

They offer.

They offer our data.

Okay, either way.

I think either way, Mr. Adjudicato, if we all.

Oh yeah, my apologies.

Go ahead.

I don't know why the confirmation of cooperation is also in here, but Vanna, what's the relevance to this confirmation of cooperation between the two brokerages?

Yes, yes, yes, they say that I put a deposit and they spoke to.

We have a one year contract for this and then I want to sell the house for my sister, what the hell, to get my daughter to stay there for one room for free.

But and then they won't move out, so they won't pay any, they won't move out.

And they and my sister say they won't buy and have a house, so we have to sell our house.

So we have to live in her attic and a petty deposit.

If we have a pay offer, we never do anything.

We never have a, we never offer, but we don't want that.

We don't even want to, but we have a brand new floor and we don't want any.

I'm not.

Okay.

All right.

And she put the snake in the house.

She had a green snake.

Sorry, did you collect the damage deposit for a pet?

I, yes, they send me.

Yes.

So we agree on that.

Yes.

Sorry.

This is the one they offer if they adopt.

You're saying they offered it.

Okay.

We don't know nothing about it.

They want is rolling out.

They may experience to do all kinds of stuff, but for me is the first time for me.

And I'm, I'm a religion people, so I go live.

I'm not understanding what you're saying.

Okay.

And so you didn't send any of your evidence that you wanted to rely on.

You didn't send it to the landlord or sorry to the tenants representative or the tenant.

No.

No.

Okay.

Why didn't you do that?

Because for lack of understanding of the system, how it works.

So, okay.

We have never said, and they just operate.

I would never do a no knocking.

They just act.

We just operate.

They pull up.

They do all the women, everything, but we got a no knocking.

Okay.

All right, Mr. Assad.

So as to my point, Mr. Judicator, I feel that even if the evidence is to be accepted by you as relevant to the situation, I feel that based on the way the response was written, my clients were not actually the ones that provided this offer.

Rather, they were told they were required to pay it as there was a provision in the initial posting that indicated no pets.

And I think it's very important that the landlords as they're indicating this is one of their first times that they're going through this, understand that there is not a pet provision that is enforceable.

You can't contract out of the Act landlords.

Oh, hello, Mr. Kozak.

Sorry for the interruption.

I think I've covered all the mediation that was available today.

I'm just doing one call out.

I have a meeting that I can attend.

Another meeting that I can attend if there's no other mediations just out to the gallery.

Is there anybody who wants to reconsider mediation?

Otherwise, I'm going to be leaving the meeting.

Okay, I don't think so.

Okay, good luck, everybody.

Thank you.

Thank you.

Thank you very much.

All right.

Yeah, there's no contracting out for the Act, Fanna and Andrew.

Even if they did, I guess, offer it but there's nothing showing up there.

They didn't.

They did.

You can write anything on a piece of paper, it can still violate the Act. I don't care if you have a contract that's, it's not legally binding.

If it violates the RTA, the Residential Tenancies Act. And I don't even see, you haven't submitted anything that there is a lease.

You submitted.

We have a lease right here.

We have a lease to send.

Is it an Ontario standard lease?

Yeah, it's 400 and 401.

That's a realtor form, remember.

It's not a standard lease, so I don't care.

Okay, so it's undisputed that you're still holding the deposit?

You have it, sorry?

We have an orderly agreement.

If you want to send it, we sent yesterday, last night, we have a sender.

So I think I did get an email or the board got an email last night or whatever, but you didn't send anything to the...

We have a lease agreement.

Further Mr. Adjudicated, the lease agreement is in my own disclosure package.

I've provided it as tab A, as the first tab of the entire thing.

Okay, so then I'm going to refer back to that then.

And Fanna, can you please tell me what you would like me to look at?

What part of the lease do you want me to look at?

You can give me a page number if you want.

The lease agreement is paw hand up and...

Sorry, what page?

Oh, yeah.

Yeah, paw hand up, paw paw hand up.

I know what page.

What do you want me to look at?

I'm not going to read the whole thing, so just tell me what you want me to look at.

Is this the tenant agrees to pay the landlord $2,200 as a security deposit?

That's the term you're talking about?

Okay, against any damages with the...or any damages which the tenants may make, such deposit will be returned to the tenant at the end of the lease term after the landlord inspects the property.

The security deposit is to be provided to the landlord when the landlord provides the tenant with keys to the premises.

That's what you want me to look at?

Yes.

Okay, that violates the Residential Tenancies Act and you can't contract out of the Act. Okay.

And another one here is the landlord lease.

Another one is the 401A. Which paragraph do you want me to look at here?

Number six.

I don't...reading it out, Mr. Judicator.

Well, I'm just trying to...

I don't even know what I'm...what am I looking for?

What page?

By the email of fact, only 24 hours before no.

Sorry?

I'm on...

I'm on form 401.

What do you want me to look at?

Look what that one is enter.

We are allowed to enter 401.

We're allowed to enter by delivery, fact or mail.

It's not relevant to the...

I don't even understand what is...

She's making reference to a part of the contract about entry, about the notice provided for entry.

Again, this is an application that they're looking...

Is that what you're trying to show me?

Okay.

I don't know what you're trying to prove with that.

Again, objection.

It's not...

I don't...okay.

I just basically said that, so thank you.

Nothing to do with a pet deposit.

So you don't just think that you collected a pet deposit and you don't have anything to show that they offered it and honestly it doesn't matter, so...

This one, we don't go with them.

We don't talk with them because we don't offer them.

We want everything go by agent.

They offer the agent and my agent offer me.

Then your agent is correct.

We don't deal with them.

We deal with the agent.

Okay.

Then your agent shouldn't be giving you legal advice then.

Or they should be here to talk to it.

So you're the landlord.

You're holding a security deposit that's illegal.

Is there anything...any other evidence or anything else you'd like to bring to my attention in relation to this application?

I have been applied.

Appendant is not vulnerable when...

Sorry, I can't...

Andrew, do you mind?

The audio just keeps cutting out.

Do you mind?

When you talk, I can kind of hear it more clear.

Can you?

Yeah, I'm not sure.

Do you have any more...the judge is asking you, is there any more evidence to offer?

I think you've heard a little bit here.

Well, I don't understand because this one here, I don't deal with her.

I just deal with the agent.

So the agent deal with her.

So yeah, the agent deal with her.

They don't want offer.

I don't know that's the trick from them.

They don't want offer to the agent and the agent offer from my agent and my agent.

It's to me.

Send to me.

Okay.

So your agent was the one that facilitated it on behalf of you.

That's what an agent is, right?

Yeah, we don't do that to the agent.

So why?

And we never offer everything to the agent.

Everything, that's the why.

I make a separate language.

That's why I go to the agent.

And I still get tricked.

Okay.

So the legal for landlords to collect deposits that exceed one month or one week for the rent, okay?

So I don't think that there's anything else relevant to this application that I need to hear or seen everything.

Can I say that application and they not follow the rule?

Sorry?

Can I say that they not follow the rule when we have a contract right here and they not follow the rule?

But you didn't follow the rule.

No, they don't have contract.

They need to agree.

They sign signature, everything they do here.

So I think I've said it a few times, but I'll explain it one more time.

It is illegal to collect a deposit that exceeds one month.

You're not allowed to collect a security deposit for pets or for any matter other than last month's rent.

You did that.

Therefore, you violated the Residential Tenancies Act. Whether or not they agree to it is kind of irrelevant.

And the second thing, you think I'm wrong, but you think they sign the law.

They don't cut the law.

They make us have to do all the law for us here.

Are you talking about a law?

And the money?

I'm sorry, but it's not relevant to it.

So I've explained it to you.

The money, they don't pay us for two and a half percent and they make a contract.

We're allowed to email to come visit and they're not allowed to come and visit to look at the house.

Did you give them a notice to come and return their pet deposit?

Is that what it's about?

Then no, I don't want to hear about anything else other than this application unless it's relevant to the application and I've heard everything.

So therefore, we're done now.

Okay.

So I'm reserving on my decision, which means I'm going to write my order and I'm going to send it out.

But I'm just trying to explain the law to you as best as I can without giving you legal advice.

And I suggest that you obtain legal advice.

Because when you get my order, you're going to want to look at it, review it and understand it.

Okay?

We're done.

Two and a half percent and that's our fault.

They make us even follow the rule a 24-hour note by mail.

That's our fault.

Sorry, does that have anything to do with the pet deposit?

It's a totally racist form of the lend or the pendant to us.

It's what?

Everything I go to the agency, they don't want to offer.

They don't want to offer.

We're not doing anything.

They don't want to offer.

Okay.

But the second thing here, all the leads here, they're blocking the lead.

But we're allowed to faff our email.

But they don't let us.

They make us write over there and stick the note in their door.

After one year, they say stick it or not, they don't let us.

And in the email here, they say we're allowed right here.

The main law, we let them 24 hours before the notes and we can faff our email.

But they say we're now going to write all the way from...

Again, I don't know what you giving a notice of entry has anything to do with the pet deposit or the damage deposit.

Mr. Assad?

Nothing relevant.

I just wanted to make sure I object to everything that was just said.

That's all.

Go ahead.

Okay, great.

We have a form.

We have a form that I talked to the agent.

They say that the tenant is offering to write an email right here that he said they offer.

So that email, are you talking about the email that you showed me or that we shared on the screen?

That just says that they agree.

It doesn't say anything about if free will offer and it doesn't necessarily matter when it comes to contracting out of the act.

That's the trick.

That's the trick.

They don't want to offer the agent.

The agent say they never...

Great.

Do you have anything to show that they offered it other than that email?

If they damage, what can we do?

If they damage the house, what can we do?

If they damage the house, you don't use it in a legal damage deposit.

You can file your own application.

Anyways, is there anything else you'd like to bring to my attention?

I've said this is concluded and you're just repeating the same thing.

If they damage the house, what can we do?

Get legal advice.

We're done.

Okay.

SCENARIO 2

I just wanna hear about times and stuff though, so I can let the board know how long you guys will need.

So how long do you think that Ms. Frost do you think you're gonna need for all three of them together?

Sorry, for Ms. Frost first.

I think respectfully, I would probably need any more than 45 minutes because they do overlap.

And so I probably could get it out within 45 minutes.

Are you calling any witnesses other than your plan?

No, it'll be my client, potentially his parents, if there's some things that need some clarification, but it's basically my clients from what I understand.

Okay.

Yes.

Sorry.

No, I was just gonna ask you.

I'm just gonna be calling businesses though.

I think I'm gonna need at least an hour and a half just for process examinations.

Okay.

And that's for all three, right?

That's right.

Okay.

An hour and a half.

Okay.

That's reasonable.

Okay.

So this is adjourned.

If the reps could provide unavailability dates for the next 48 hours for the next four or five months, that would be great.

I'll send out the adjournment sheet right after these hearings and we'll get that, okay?

All right.

Thank you so much.

No problem.

All right.

All right.

Take care.

Take care.

Okay.

Okay.

I believe number one, we have LTB dash T dash zero six two nine four three dash 22.

It's for 21 Oxford street in Hamilton.

Who do I have here for the landlord?

Or sorry for the tenant.

Yadda Saad, license, fair, legal.

Perfect.

Okay.

And who do I have here for the landlord?

I believe the landlord themselves, so Anna, Andrew and Vanna.

But.

Vanna and Andrew, can you please come off mute and state your name for the record?

Yes.

So Andrew, best girl.

Vanna, best girl.

Perfect.

Thanks.

And the tenant rep seems to have ran away.

So wait for him to come back.

Thanks for closing the door.

My apologies.

That's okay.

Okay.

Give me one sec here.

Do we have, sorry, can the tenants state their name for the record?

I think there's two.

Hi, it's Kayleigh Benner.

Thank you.

And Jessica Rantz.

Thank you.

Okay.

Mediation didn't work out.

We're going to do a contested hearing or do we have a consent or?

I believe it's contested.

It's just for, we're only proceeding on the T1 application today.

I know there's indicated that there's a T2 application, but the matters are slightly separate, actually completely separate.

So we're just proceeding on a T1 today.

Okay, great.

Okay.

So this is the tenants application.

So we'll have you go first.

You'd like to, I guess, call your client.

Of course.

Kayleigh Benner.

Hi.

So when signing the lease of to the 221 Oxford, what were requirements set to you in the lease?

Set in the lease was that, you know, just the standard lease and that we would have to pay a $2,200 pet deposit.

Okay.

Was this an offer that you guys presented or was this an offer that was already what you were told that you were required?

I was told by the leasing agent that if we didn't pay the $2,200 pet deposit, then we would be rejected.

Okay.

On the initial listing, was there anything that indicated that you would be required to pay a pet deposit?

No, we didn't find out until we were already negotiated everything else and the contract was given.

Was there any provisions in the contract relations to pets?

Sorry, what was that?

Was there anything in the listing in relation to pets being permitted in the unit?

For pets not to be allowed in the unit.

Okay.

Mr. Adjudicator, I have provided the lease agreement in my disclosure package as tab A, I believe it is.

The lease agreement clearly indicates that 4,400 is to be paid as first and last month.

Further down in the schedule, it indicates that a pet deposit of 2,200 is to be charged to the tenant.

And further to that, I've provided two checks.

One indicating 4,400 for the first and last month's rent.

And on the other check, if you look at it, it shows that it is specifically for a pet deposit.

Let me just, sorry, I have to mark things as exhibit, so.

No, that's perfectly fine.

I believe that- Is it all in the same book?

It should be all together in that first and last month's rent and then security deposit is tab C.

It's not a very extensive- Yeah, I'm just gonna mark the whole thing as exhibit one.

Yeah.

Or tenant's disclosure, thank you.

So in tab C, there is the refundable security deposit, dog dash damage, they've indicated in the real line.

Yeah, okay.

And as the other check shows, it's for first and last month's rent.

The tenants were never the ones to offer this.

There's no evidence provided by the landlord to indicate that this was something the tenants offered as for 105 and 106 of the Residential Tenancies Act and in accordance with 134 and 135, the tenants are requesting this money be rebated to them due to the illegal charge that is associated with pet deposits.

Perfect.

Anything else before I go to the landlord?

I believe at this, that's pretty clear cut from our side.

Yeah.

I do see that there is interest being claimed on that.

So I do see the maths.

There's nothing further that you wanna bring.

So the interest was not a significant concern.

If last month's rent is still being held as deposit, we would just want the interest that was collected for that year for that deposit of 2,200, which we put at $33.

Thank you.

For the landlords, so it's your opportunity now to either, I mean, you can ask the tenant questions or you can just tell me your side of the story or you can do a mix of both.

Which would you like to do?

Both, yeah.

Sorry?

Both.

Okay, all right.

So if you wanna ask the tenant, Kayleigh questions, then it's your opportunity to do so.

Go ahead.

Sorry, because I am English is second language.

So I may have a chance to just mention a little bit here.

That is a very tricky for my tenant because we have a note here, it's for notepad allowed in the house.

So when is that, February 11, 2021, 3.02?

Sorry, I'm not having a hard time hearing you.

February 11, 2021, 3.02 p.m.

Kayleigh Banner, the tenant rental, I have to send the email to my rental unit agency, a share of mercy, that what they want, we send a paper, we do that.

They want to offer us, if they can move in that unit.

Number one, they want, can you read it?

You can read it, thanks.

The first requirement that they requested, the upstairs rooms be converted, renovated, take out sinks.

We did a lot of work on that, that was completed.

The bathroom on the main floor needs new door, we did that, everything was satisfactory.

The front hallway would be painted, tiles painted, and all that was completed.

And the other was that the client agreed to give one month's rent as damage, refundable deposit, in fact, we were allowing a dog.

And the places had a brand new floor, this place, which is pristine, absolute, and it was a lot of effort to put that floor in.

So we thought it was a reasonable thing, we didn't know at both.

We never offer a dog deposit.

We are the first time we're doing that.

This one is, he say that the client offer us, we never offer, they offer us, and they say they have a client deposit for the dog, not the pet, they say for a dog.

I mean, one dog in the house, they say they have a medium size, a dog.

So they have a big dog, and not even on the dog, they have a snake pet in the house, snake pet in the house.

And they offer us, they offer us, we never, they offer us, they make other leave, have to fix the house, nobody want.

They offer us to deposit the rent for the dog, dog, dog.

One, not like the lady, the lawyer, just say deposit for the pet.

That right down here, I have a note, they say if the dog damage, because we really do the floor, it get damaged.

So we say the dog deposit, and they offer.

They offer us, we not even, never offer.

And they again, a lot.

He disconnected guys, so we're gonna have to wait till he comes back.

Sorry, my Zoom crash.

So, I don't remember what I asked.

Did you hear my question when I said, do you have, is there a question?

I'm sorry, you have your hand up?

No, sorry, my apologies, I should lower my hand.

My apologies.

That's fine.

Okay.

Sorry?

We were just stating some of the situation that we felt.

So I did hear all that, but I just wanted, and it did stop, and I, or I heard you guys stop, and I had asked if you had any questions for the tenant or not, or if you're just telling me your side.

Yes, yes.

So before we get into that, I'm just gonna deal with my IT issues, okay?

So we're just gonna pause for a second.

I apologize, this is obviously very annoying for everyone, including myself.

So just give me a foot back, D'Arrol.

Pardon?

Pardon me, Mr. Adjudicator, I will be right back.

My apologies.

Okay, great, I will be too.

Okay, everyone just sit tight one sec.

Why do you side with people?

Why do you side with them?

I sent a paper, so why do you side with them?

I sent it, but they didn't give me their number.

Why did you pick up the paper?

I just, I talked to the agent, they said, I talked to the agent, they said pay after.

I talked to the agent, they said pay after.

That's what they said.

And they're not gonna pay grant each year.

Why they don't do clean up the data?

They make us clean up all that data.

Why they broke the law?

They broke the law.

We allowed them to crack the email and we tell you follow.

Just follow them.

Vanna, Vanna and Andrew, if you guys wanna mute yourself, just so we don't know everyone's hearing it, that'd be good.

Oka