DEB v TAYLOR

Tenant wins · Scarborough · 2025-05-08

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Landlord

S.D.

Tenant

J.T.

Landlord rep

Fred Bari

What happened

The Landlord applied for eviction based on non-payment of rent. A previous order granted the eviction, but the Tenant requested a review. The Tenant argued that the original hearing member failed to consider that her obligation to pay rent was suspended under Section 12 of the Act because the Landlord failed to provide a full copy of the lease agreement and a written address for service. The review hearing determined that the Landlord indeed failed to comply with Section 12, rendering the N4 notice invalid.

The ruling

The request for review was granted, and the previous eviction order was cancelled. The Landlord's application to terminate the tenancy and evict the Tenant was dismissed because the Tenant's obligation to pay rent was suspended under Section 12 of the Act. The Landlord failed to provide a full lease and an address for service, making the N4 notice invalid.