Muriel Collins Housing Co-op v Pyke

Tenant wins · Toronto · 2025-08-28

Adjudicator

Mayra Sawicki

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4C)

Landlord

Muriel Collins Housing Co-op

Tenant

J.P.

Landlord rep

D. McBride

What happened

The Landlord (a housing co-operative) applied to end the occupancy and evict the Tenant (co-op member) for non-payment of regular monthly housing charges. The Landlord claimed arrears of $7,337.99 accumulated between June and November 2024. However, the Landlord's own testimony and the member's calculations revealed that the actual arrears were $7,001.00. Because the amount on the N4C notice was higher than the actual amount owed at the time, the notice was deemed invalid under the Act.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed without prejudice. The N4C notice of termination was found to be invalid because the amount of arrears claimed ($7,337.99) was higher than the amount actually owed ($7,001.00) based on the Landlord's testimony. The Landlord is at liberty to issue a new notice with the correct amounts.