Heath Residences v Chkhenkeli

Tenant wins · North York · 2025-10-21

Adjudicator

Ian Speers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Heath Residences

Tenant

J.C.

Landlord rep

Charlie Bobrowsky

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. By the time the hearing occurred, it was determined that the Tenant had paid the arrears and the application fee shortly after the application was filed. The Landlord argued that the payment should be applied to the rent for the following month to keep the application alive, but the Adjudicator ruled that the application must be discontinued as the debt was cleared before an order was issued.

The ruling

The Landlord's application to terminate the tenancy for non-payment of rent is discontinued. The Tenant paid the full arrears and the filing fee prior to the issuance of an eviction order, satisfying the requirements of section 74(2) of the Residential Tenancies Act, 2006. The Landlord's attempt to apply the payment to future rent to maintain the application was legally unsuccessful.