Whitmarsh v Kellier

Landlord wins · Chatham · 2022-01-31

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

F.W.P.

Tenant

L.K., S.K.

Landlord rep

Audrey Skinner

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 Notice of Termination effective October 11, 2021. The tenants were no longer in possession of the unit at the time of the hearing, as they had been evicted on December 16, 2021 due to a previous order for purchaser's own use.

The ruling

The Board ordered the Tenants to pay the Landlord $4,750.00 in rent arrears for the period of February 1, 2021 to June 30, 2021, plus $186.00 for the cost of filing the application. No eviction order was issued as the Tenants were no longer in possession of the unit. The Landlord's request for pre-judgment interest was denied due to lack of Board jurisdiction.