Bains v Clarke

Split/Other wins · Mississauga · 2024-08-28

Adjudicator

Colin Elsby

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

B.S.B.

Tenant

A.C., M.E.

Landlord rep

Samila Waslat

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 Landlord's application for eviction was granted, but the Board ordered a conditional order allowing the Tenants to avoid eviction by paying the rent arrears of $12,186 in installments over 12 months, in addition to paying the ongoing rent. If the Tenants fail to make any of the required payments, the Landlord may apply to terminate the tenancy without further notice.