Pierre v DESCHAMBEAULT

Split/Other wins · Embrun · 2025-11-18

Adjudicator

Robert Patchett

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

F.P.

Tenant

R.D., K.R.

What happened

The Landlord applied to terminate the tenancy because the Tenants were persistently late in paying rent. Evidence showed four late payments between January and August 2025, with no payments made since. Although the Tenants failed to attend the hearing, the Landlord's application was considered alongside a separate arrears application where the N4 notice was found defective. Consequently, the Board decided to grant conditional relief from eviction.

The ruling

The tenancy is allowed to continue provided the Tenants pay their monthly rent on or before the first day of each month for a period of 12 months starting December 1, 2025. If the Tenants fail to meet this condition, the Landlord may apply for an ex parte eviction order under Section 78 within 30 days of the breach.