Khan v Marshall

Landlord wins · London · 2021-12-01

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

R.K., RK Management Corp.

Tenant

J.M., S.N.

Landlord rep

Thomas Schoenleber

Tenant rep

Shardah Nicholas

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective December 12, 2021. The Tenants must pay the Landlords $14,723.31, which represents the rent arrears and compensation up to December 1, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $50.96 per day for compensation for the use of the unit starting December 2, 2021 until the date they move out. If the Tenants do not pay the full amount by December 12, 2021, they will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 12, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenants pay $17,286.00 by December 12, 2021, the eviction order will be void and the tenancy will continue.