Elgazzar v Stevenson

Landlord wins · Cornwall · 2022-09-07

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.E.

Tenant

J.S.

Landlord rep

Omar Elgazzar

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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had vacated the rental unit on June 16, 2022, prior to the hearing date.

The ruling

The Board found that the tenant did not have a sufficient connection to the rental unit after June 16, 2022, and therefore was not in possession of the unit at the time the application was filed. However, the Board ordered the tenant to pay the rent arrears and application filing fee, as the tenant was in possession of the unit when the application was filed and vacated the unit on June 16, 2022.