Kan v McKay

Tenant wins · Barrie · 2025-09-10

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

K.K.K., S.K.C.

Tenant

M.M.

Landlord rep

H. Tavroges

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant challenged the application, arguing that her obligation to pay rent was suspended under Section 12 of the Act because the Landlords failed to provide her with a legal name and address for service in writing. The Tenant also mentioned a separate T2 application regarding other issues including a dispute where a Landlord allegedly hit her car.

The ruling

The Landlords' application to terminate the tenancy and evict the Tenant is dismissed. The Member found that the Tenant's obligation to pay rent was legally suspended because the Landlords failed to provide a written address for service as required by Section 12 of the Residential Tenancies Act. Therefore, the N4 notice of termination was invalid.