Evictly

1000380068 Ontario Inc. v Hammond

Tenant wins · Elgin · 2025-10-21

Adjudicator
Paula West Oreskovich
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
1000380068 Ontario Inc.
Tenant
B.H.
Landlord rep
Micah Remedios
Tenant rep
John Wenham

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The dispute centered on whether property taxes for the lot and water/sewage testing fees charged to the Tenant qualify as 'rent' under the Residential Tenancies Act, and whether the N4 Notice of Termination was validly served.

The ruling

The Landlord's application for eviction based on non-payment of rent was dismissed. The LTB found the N4 Notice of Termination invalid because it incorrectly included water and sewage testing fees (which are not rent) and did not provide the Tenant with the legally required notice period due to delays in mailing service.