Reddekopp v Friesen
Tenant wins · Aylmer · 2025-09-11
- Adjudicator
- Robert Brown
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- B.R.
- Tenant
- J.F., C.S.
What happened
The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent, specifically alleging that the February 2025 rent payment was missing. The Tenants provided evidence that they had sent the rent via e-transfer, which was successfully deposited. The Landlord admitted his email account had been compromised but argued that the Tenants should be responsible for recovering the funds and paying again. The LTB member determined that the Landlord is responsible for the security of his own email account and that the Tenants had fulfilled their payment obligations.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent is dismissed with prejudice. The LTB found that the Tenants had paid the rent in question via e-transfer and that any loss resulting from the Landlord's compromised email account was the Landlord's own responsibility.