1539 Barton Inc v Asselstine
Tenant wins · Hamilton · 2022-02-15
- Adjudicator
- Renée Lang
- Dispute
- Persistent late payment, Non-payment of Rent
- Notice
- Non-payment of rent (N4), Persistent late payment (N8)
- Amount
- <$5K
- Landlord
- 1539 Barton Inc
- Tenant
- B.A.
- Landlord rep
- J. Novis, J. Struthers
- Tenant rep
- K. Remington
What happened
Landlord filed L1 and L2 applications for non-payment of rent and persistent late payment. The case went through multiple reviews and appeals before being heard de novo. The L1 application was dismissed due to the Tenant clearing arrears, and the L2 application resulted in a conditional order for the Tenant to pay rent on time for 18 months.
The ruling
The L1 application was dismissed. For the L2 application, the Tenant was ordered to pay rent on time for 18 months, from March 1, 2022, to August 1, 2023. If the Tenant breaches this condition, the Landlord may apply for eviction within 30 days of the breach without notice to the Tenant.