JEAN-BAPTISTE v MBASANI BAVUI
Tenant wins · Ottawa · 2025-11-06
- Adjudicator
- Robert Patchett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- L.J.
- Tenant
- C.M.B.
What happened
The Landlord sought to terminate the tenancy and evict the Tenant for non-payment of rent based on an N4 notice. However, it was determined that the majority of the arrears claimed in the notice had already been adjudicated in a previous LTB order and were therefore res judicata. Furthermore, the Landlord admitted the Tenant had been making payments but failed to provide a rent ledger to prove any current arrears existed at the time of filing. The Board found it likely that the notice had been voided by subsequent payments.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is dismissed. The Landlord was unable to provide a rent ledger and attempted to claim arrears that had already been resolved in a previous legal proceeding. Consequently, the Board could not verify the existence of a valid, unvoided notice of termination.