Ekeng v Betton

Tenant wins · Brampton · 2025-05-14

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.E.

Tenant

A.B.

Landlord rep

S. Rocks

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The primary issue was the validity of the N4 Notice, which was served alongside a cover letter offering a 16-month payment plan. The Tenant expressed confusion regarding his obligations due to the conflicting information between the notice and the payment plan offer.

The ruling

The Landlord's application for eviction was dismissed because the N4 Notice was found to be invalid. The inclusion of a 16-month payment plan proposal in a cover letter accompanying the notice created ambiguity and failed to meet the strict compliance standards of the Residential Tenancies Act. Because the Landlord chose not to pursue arrears through an L9 conversion, the entire application was dismissed.