285 Melvin Apts Limited v Alam
Tenant wins · Hamilton · 2025-06-27
- Adjudicator
- Joshua Labbe
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- 285 Melvin Apts Limited
- Tenant
- N.A.
- Landlord rep
- Rahul Brahmbhatt
- Tenant rep
- John Kulikowski
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. During the hearing, the Tenant raised a preliminary issue regarding the validity of the N4 notice, claiming it failed to name all tenants residing in the unit. The Tenant also asserted she had provided notice to vacate earlier in 2024, which the Landlord claimed not to have seen.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The LTB found that the N4 notice was defective because it did not name all tenants residing in the unit as required by law. The Landlord chose not to proceed with an arrears-only claim.