Marshall v Moffatt

Tenant wins · Burlington · 2026-01-21

Adjudicator

Dawn Carr

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

C.M.

Tenant

J.M.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on persistent late payment of rent. The Landlord served an N8 notice alleging that rent for July and August was paid late and remained unpaid for September as of the notice date. The Tenant did not attend the hearing.

The ruling

The Landlord's application to evict the Tenant for persistent late payment was dismissed. The Adjudicator found the N8 Notice of Termination to be invalid because it did not include the date on which rent was due, failing to provide the necessary legal particulars required for such a notice.