TCHC v A.W.C

Split/Other wins · 2018-03-05

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.

Tenant

A.

Landlord rep

F.F.

Tenant rep

L. K, of N.L.S

What happened

Landlord applied to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord claimed the Tenant owed $665 in rent arrears from April 2016 to February 2018, plus $190 in application fees, for a total of $855. The Tenant disputed the arrears, claiming he had paid the rent for May 2016 by money order.

The ruling

The Landlord's application is dismissed without prejudice. The Tenant provided credible evidence that he paid the May 2016 rent, and the Landlord's rent increase notice was contradictory, rendering the N4 notice invalid. The parties can resolve the issue of arrears without the Landlord having to serve a new N4 notice.