Piesiak v Woodward

Tenant wins · LaSalle · 2025-09-02

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.P.

Tenant

C.W.

What happened

The Landlord applied for an eviction based on non-payment of rent. An initial order was issued in the Landlord's favor after the Tenant failed to attend. The Tenant requested a review, claiming she was unable to participate and that the original order contained a serious error. Upon review, it was discovered that the N4 notice served by the Landlord improperly included utility charges (water) alongside rent arrears. The Board determined that because the utilities were not a fixed part of the lawful monthly rent, their inclusion rendered the N4 notice void.

The ruling

The Tenant's request for a review was granted. The original order for eviction and payment was cancelled because the Landlord's N4 notice was found to be legally invalid. The Landlord had incorrectly included variable utility bills in the rent arrears amount. As the notice was void, the Landlord's application to terminate the tenancy and evict the Tenant was dismissed.