Wallace v Holden

Landlord wins · Kingston · 2023-02-15

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.W.

Tenant

R.H., R.H.

Landlord rep

Ian Macinnis

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 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 tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $33,714 to void the order and continue the tenancy, or $24,365.84 if the tenancy is terminated. The Tenants must also pay daily compensation of $60.82 for each day of occupation starting September 13, 2022 until they move out. If the Tenants do not pay the required amount by February 26, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement of the eviction.