Gill v McDougall

Tenant wins · Welland · 2023-08-17

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

B.G.

Tenant

J.M., T.P.

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 had vacated the rental unit prior to the hearing date, but the landlord and tenant disputed the exact date of vacating.

The ruling

The Landlord's application is dismissed as the Tenants vacated the rental unit prior to the termination date in the N4 notice and were not in possession when the application was filed.