King v Minish

Landlord wins · Tichborne · 2024-02-13

Adjudicator

Kevin O'Brien

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

D.F.K.

Tenant

W.K.M., E.B., T.M., I.K.

Landlord rep

D. Hall

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenants void the order by paying $16,186 on or before February 24, 2024, the tenancy is terminated. If the Tenants do not void the order, they must pay the Landlord $12,229.75, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit. The Tenants must also pay daily compensation of $65.75 starting January 26, 2024 until they move out.