Agarwal v GODARD

Tenant wins · Nepean · 2025-10-14

Adjudicator

Kyle Anderson

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

M.A.

Tenant

L.M.G., R.M.

What happened

The Landlord applied to terminate the tenancy based on an N8 Notice for persistent late payment of rent, alleging 7 instances of late payment in 12 months. The Tenants argued that delays were caused by the Landlord's restrictive new payment system, which eliminated direct deposit and required mail-in cheques or physical drop-offs at a distant office. The Tenants provided testimony regarding mail delays and their attempts to pay early. The LTB found that the Landlord's payment system significantly contributed to the delays and that the lateness did not constitute 'persistent' failure under the Act.

The ruling

The Landlord's application to terminate the tenancy for persistent late payment was dismissed. The Adjudicator found that the Landlord's decision to restrict payment methods to physical mail or drop-off at a distant location created an inherent risk of delay beyond the Tenants' control. Since the Tenants acted reasonably to ensure payment and the delays were minor, the eviction request was denied.