Carswell v Huggins

Tenant wins · Renfrew · 2025-08-05

Adjudicator

Dawn Carr

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

A.M.C.

Tenant

L.H.

Landlord rep

Michael Rappaport

Tenant rep

Clement Paradis

What happened

The Tenant requested a review of an order issued on February 18, 2025, claiming they were unable to participate in the original hearing due to confusion. Two connected landlords had filed separate L1 applications on the same day, which were scheduled simultaneously in different hearing rooms. The Tenant attended the other hearing room, believing the matters would be heard together. The Member granted the review and conducted a de novo hearing. During the hearing, it was discovered that the N4 notice of termination served by the Landlord was defective because it claimed a monthly rent of $2,000.00, whereas both parties agreed the actual rent was $500.00. Additionally, the rental periods listed in the notice were unclear and inconsistent with the amount claimed.

The ruling

The Tenant's request for review was granted due to a reasonable inability to participate in the first hearing. The original order from February 18, 2025, was cancelled. Upon rehearing the case, the Member found the Landlord's N4 notice of termination was invalid because it listed a monthly rent of $2,000.00 when the actual rent was $500.00, and contained unclear rental periods. Consequently, the Landlord's application for eviction and arrears was dismissed.