1000380068 Ontario Inc. v MacLaren
Tenant wins · Elgon · 2025-10-01
- Adjudicator
- Kyle Anderson
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- 1000380068 Ontario Inc.
- Tenant
- N.M.
- Landlord rep
- Micah J Remedios, Sandip Chook
- Tenant rep
- Franci Dobri
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant contested the application, arguing that the Landlord's calculation of rent was incorrect because it included property taxes and water testing charges, which should not be part of the lawful rent. The Member determined that the inclusion of these charges rendered the N4 notice and the L1 application defective.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is dismissed. The Board found the N4 Notice and subsequent L1 application defective because the Landlord incorrectly included property taxes and water testing fees in the calculation of 'lawful rent', which is prohibited by the Residential Tenancies Act, 2006. The lawful rent was determined to be $613.01.