BIG NORTH CAPITAL INC. v POZZO

Tenant wins · Sault Ste. Marie · 2025-09-03

Adjudicator

Eliza Lowes

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

BIG NORTH CAPITAL INC.

Tenant

R.P., A.P.

Landlord rep

Angie Gravelle

What happened

The Landlord applied for eviction and rent arrears. Tenant 2 argued she should not be a party as she moved out previously, but the Board maintained her as a party due to joint tenancy rules. The Tenants challenged the rent amount in the N4 notice, claiming it included an unlawful rent increase. The Landlord was unable to prove that a valid Notice of Rent Increase (N1) was served by the previous owner for a 2024 increase.

The ruling

The Landlord's application to terminate the tenancy and for an order of rent arrears is dismissed. The Board found the N4 notice to be defective because it listed an incorrect rent amount based on an unproven rent increase. The lawful rent remains $896.88 until a lawful increase is demonstrated.