GRAY v Bailey

Landlord wins · Cambridge · 2025-06-13

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.G., H.B.

Tenant

C.B.

What happened

The Landlords applied to evict the Tenant for non-payment of rent. The Tenant attempted to raise section 82 issues concerning maintenance but failed to properly serve the required documents on the Landlords, leading to the dismissal of these issues. The Tenant claimed a verbal agreement for rent reduction for maintenance work, which the Landlord denied and the Board found unproven and outside its jurisdiction. The Board found rent arrears were owed and granted a conditional order to terminate the tenancy, with a postponement to allow the Tenant time to pay the arrears and void the order.

The ruling

The Board granted a conditional termination of the tenancy due to rent arrears. The Tenant can void the eviction by paying $2,174.53 by June 30, 2025, or a higher amount by July 31, 2025. If the order is not voided, the tenancy is terminated effective July 31, 2025, and the Tenant must pay the Landlords $461.24 plus daily compensation. The Tenant's attempt to introduce maintenance issues was denied because of a failure to follow procedural rules for disclosure.