Mullen v Perry

Landlord wins · Kingston · 2023-05-29

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

B.E.M.

Tenant

J.B., K.P., M.P., N.P.

Landlord rep

Dan Schofield

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 had not paid rent for 8 months, placing financial strain on the private landlord.

The ruling

The tenancy is terminated unless the tenants pay $25,186 by May 31, 2023 or $27,686 by June 9, 2023 to void the order. If the tenancy is terminated, the tenants must pay $17,332.36 to the landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.