Qi v O'rourke

Landlord wins · Hamilton · 2024-02-07

Adjudicator

Christina Philp

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

X.Q.

Tenant

R.P.O., K.A.E.O.

Landlord rep

Julie Jing Zhu

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice on the Tenants, alleging they had paid rent late 25 out of 25 months from April 2021 to April 2023.

The ruling

The Landlord's application was granted, but the Tenants were granted relief from eviction subject to conditions. The Tenants must pay rent on time for the next 12 months, and if they fail to do so, the Landlord can pursue eviction without notice. The Tenants were also ordered to pay the Landlord's application filing fee of $186.