London, Ont., man who hasn't paid rent in 2 years hoping to beat his landlord at tribunal again

A 61-year-old London, Ont., man who hasn't paid rent in two years is going to Ontario's Landlord Tenant Board (LTB) a second time in November, where he hopes to once again beat a landlord he alleges won't accommodate his disability. 

"The last time I paid rent was in July of 2021," Fred Moore said from his 350-square-foot downtown apartment, adding the rent money is sitting in a bank account waiting for the LTB to make a decision about how much he owes.

Until then, he said, his landlord isn't getting a cent. 

"If the decision is in my favour, then there's a possibility that I don't have to pay any of that."

Moore has been renting his apartment at 186 King Street since October of 2019. Back then, the previous owner agreed to take his rent via an online payment each month, he said.

"It would be the same way as you would pay your electricity bill or your cell phone bill. And it could be a recurring payment. So you could have it come out on a certain day every month.

"It accommodates my disabilities," he said, adding his mental illness requires him to minimize his contact with other people.

When the building was sold in August of 2021 to the new owner, Studios on King, Moore said the new landlord refused to honour the old agreement. He said the landlord insisted on a monthly cheque or debit payment. 

"They said it was 'an industry standard.' It's not something that is dictated by law or anything like that. It's just a personal preference," Moore said. 

Personal preference or not, "a landlord cannot require the tenant to pay by either of those methods," according to an online guide on Ontario's Residential Tenancies Act published by the LTB. "Once the landlord and tenant have agreed on a method of payment, it cannot be changed unless both the landlord and tenant agree."

Calls by CBC News to Elizabeth DiSilva, the property manager at Studios On King, were not immediately returned Tuesday. 

Harry Fine, a retired Toronto paralegal who now offers legal training for landlords, told CBC News via email Monday that he can understand why the LTB ruled in Moore's favour, especially if he has a disability. 

"The landlord must accommodate the tenant's inability to follow what might normally be the system," he wrote. "The accommodation efforts must be to the point of undue hardship. That's a very high bar. Accepting by direct deposit is hardly hardship, let alone undue hardship."

As for Moore, he said he just wants to pay his new landlord in a way that accommodates his disability.