940 Commissioner Holdings Limited v Zamostny

Landlord wins · London · 2021-10-07

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

940 Commissioner Holdings Limited

Tenant

B.Z.

Landlord rep

Brenda Rizzo

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice of Termination, which the Tenant did not void by paying the arrears. The Tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective October 31, 2021. The Tenant must pay the Landlord $226.62, which represents the rent arrears and compensation up to October 7, 2021, less the rent deposit. The Tenant must also pay $28.22 per day for compensation for the use of the unit starting October 8, 2021 until the Tenant moves out. The Tenant must also pay the $186.00 application fee. If the Tenant does not pay the full amount by October 31, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by October 31, 2021, the Landlord may file the order with the Sheriff for enforcement.