Hy v Buchanan

Tenant wins · Collingwood · 2025-10-06

Adjudicator

Brett Lockwood

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

C.H.

Tenant

S.B.

Landlord rep

Carson Frankum

Tenant rep

Sophia Lavimodiere

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant contested the validity of the N4 Notice on several grounds, including improper service, an incorrect termination date, lack of clarity in the notice's formatting, and failure to account for a $400 overpayment previously made by the Tenant.

The ruling

The Landlord's application (L1) is dismissed without prejudice. The N4 Notice served by the Landlord was found to be defective on three separate grounds: an incorrect termination date, confusing formatting that omitted total arrears, and an inaccurate calculation of rent due that failed to account for a $400 overpayment by the Tenant.