Saikaley v Kraymaty

Split/Other wins · Ottawa · 2025-11-04

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.S.

Tenant

G.K., N.A.R.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. The case involved a change in ownership where the new Landlord (the applicant) obtained the property through a vesting order. There was significant confusion as the Tenants continued to pay the former owner, who claimed to still be the landlord. Additionally, the new Landlord initially demanded the Tenants vacate immediately without following proper legal procedures or providing an address for service. The Tenants, who are new immigrants with three children, requested relief from eviction and a payment plan.

The ruling

The Tenants are ordered to pay the Landlord $8,321.41. Due to the unique circumstances of the ownership transfer and the Landlord's initial procedural errors, the Tenants were granted relief from eviction. They must pay $500.00 per month toward the arrears starting November 15, 2025, in addition to regular monthly rent. Failure to meet any payment in the schedule allows the Landlord to apply for an ex parte eviction order within 30 days of the breach.