NISHNAWBE HOMES INC v SIZE

Split/Other wins · Oshawa · 2025-05-07

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

NISHNAWBE HOMES INC

Tenant

M.S.

Landlord rep

Robin Keayes, Eizaveta Povargo

What happened

The Landlord filed two applications against the Tenant: one for non-payment of rent (L1) and another for persistent late payment of rent (L2). The Board dismissed the L2 application, clarifying that making partial rent payments on time constitutes non-payment, not late payment. The Board found in favor of the Landlord on the L1 application for rent arrears but granted the Tenant relief from eviction by ordering a repayment plan for the outstanding amount.

The ruling

The Landlord's L2 application for persistent late payment is dismissed. The tenancy continues on the condition that the Tenant pays the Landlord $2,552.90 for rent arrears and costs, according to a specific payment schedule starting May 1, 2025. The Tenant must also pay ongoing rent in full and on time. If the Tenant defaults on any payment, the Landlord can apply to the LTB for an eviction order without further notice.