Application based on previous order, mediated settlement
77. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy or evicting the tenant if, (a) the landlord previously applied to the Tribunal for an order terminating the tenancy or evicting the tenant; (b) an order or a settlement mediated under section 181 with respect to the previous application imposed conditions on the tenant; (c) among the conditions imposed by the order or settlement were conditions that, if not met by the tenant, would give rise to the same grounds for terminating the tenancy as were claimed in the previous application; (d) the order or settlement provided that the landlord could apply under this section if the tenant did not meet the conditions described in clause (c); and (e) the tenant has not met the conditions described in clause (c). 1997, c. 24, s. 77 (1); 2000, c. 26, Sched. K, s. 6 (18). Arrears of rent (1.1) In an application under subsection (1), the landlord may also request that the Tribunal order the payment of arrears of rent and the amount of any compensation payable under section 45, if the following conditions are satisfied: 1. The landlord previously applied for an order for the payment of arrears of rent. 2. The previous application was made at the same time as the application described in clause (1) (a). 3. The order or the settlement mediated under section 181 on the previous application requires the tenant to pay rent or some or all of the arrears of rent. 2001, c. 9, Sched. J, s. 4 (3). Same (2) The landlord shall include with the application a copy of the order or settlement and an affidavit setting out what conditions of the order or settlement have not been met and how they have not been met. 1997, c. 24, s. 77 (2). Affidavit (2.1) If the landlord requests an order under subsection (1.1), the affidavit included with the application under subsection (1) must also provide the following information: 1. The amount of rent payable to the landlord under the order or the terms of the settlement that is in arrears. 2. The amount and date of each payment made under the order or the terms of the settlement and what the payment was for. 3. The amount of any additional arrears of rent arising after the date of the order or the settlement. 4. The amount of NSF cheque charges, if any, claimed by the landlord that were charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges. 5. The amount of any rent deposit, the date it was given and the last period for which interest was paid on the rent deposit. 2001, c. 9, Sched. J, s. 4 (3). Same (3) An application under this section shall not be made later than 30 days after a failure of the tenant to meet a condition specified in the order or settlement. 1997, c. 24, s. 77 (3). Order terminating tenancy (4) If the Tribunal finds that the landlord is entitled to an order under subsection (1), the Tribunal may make an order terminating the tenancy and evicting the tenant. 2001, c. 9, Sched. J, s. 4 (4). Order for arrears (4.1) In an order made under subsection (4), the Tribunal may order the payment of the following amounts if the Tribunal finds that the landlord is entitled to an order under subsection (1.1): 1. The amount of arrears of rent that arose after the date of the order or settlement referred to in clause (1) (b). 2. If no order was made on the previous application referred to in clause (1) (a), the amount of arrears of rent payable under the terms of the settlement mediated under section 181 that has not been paid. 3. The amount of any compensation payable under section 45. 4. Such amount as the Tribunal may allow in respect of NSF cheque charges claimed by the landlord that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed. 5. Such amount as the Tribunal may allow in respect of NSF administration charges claimed by the landlord in respect of NSF cheques tendered by or on behalf of the tenant, not exceeding the amount per cheque that is prescribed as a specified amount exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (4). Credit for rent deposit (4.2) In determining the amount payable by the tenant to the landlord, the Tribunal shall ensure that the tenant is credited with the amount of any rent deposit and interest on the deposit that would be owing to the tenant on the termination of the tenancy. 2001, c. 9, Sched. J, s. 4 (4). Motion to set aside order (4.3) Subsections 76 (6) and (7) apply with necessary modifications to an order made under this section. 2001, c. 9, Sched. J, s. 4 (4). Same (5) If the Tribunal sets the order aside, the Tribunal shall consider whether a failure to meet the conditions occurred. 1997, c. 24, s. 77 (5).