Victoria Park Community Homes v Windsor

Landlord wins · Hamilton · 2022-01-18

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Victoria Park Community Homes

Tenant

T.W.

Landlord rep

Sara Lange

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 ruling

The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays $400 by January 20, 2022 and $389.99 by February 20, 2022 towards the rent arrears and costs. The Tenant must also pay the full rent for February 2022 by the first business day of the month. If the Tenant fails to make any of these payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent.