IMH Pool XX LP v Safi

Split/Other wins · Hamilton · 2021-10-20

Adjudicator

Kevin Lundy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool XX LP

Tenant

M.S., N.S.

Landlord rep

Bryan Rubin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet a condition specified in a previous order issued by the Board on May 4, 2021. The Tenants have since paid all arrears owing for the period ending October 31, 2021, and the Landlord has agreed to the Tenants' motion to set aside the prior order.

The ruling

The prior order issued on August 16, 2021 is set aside. The Landlord's application is dismissed. The Tenants are ordered to pay the Landlord's cost of filing the application, $186.00, by October 31, 2021. If the Tenants do not pay by that date, they will start to owe simple interest at 2.00% annually on the outstanding balance.