Muhammad Khan v Andrew Rego
Landlord wins · Scarborough · 2023-06-16
- Adjudicator
- Sandra Macchione
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- M.K.
- Tenant
- A.R., K.H.
- Landlord rep
- Marc Goldgrub
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord served the Tenants with an invalid N4 Notice because the rent arrears claimed on the N4 Notice were already resolved by a previous order.
The ruling
The N4 Notice served by the Landlord was invalid, so the Landlord does not have jurisdiction to order eviction for non-payment of rent. The Landlord's application is converted to an L9 application for rent arrears only. The Tenants are ordered to pay $15,586 in rent arrears and application fees by June 27, 2023, after which interest will accrue.