Sharma v Hamblin

Tenant wins · Newmarket · 2024-07-10

Adjudicator

Candace Aboussafy

Dispute

Damage to Property, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Landlord

M.S., H.S.

Tenant

W.H., S.H.

Landlord rep

Yuvraj Bhullar

What happened

Landlords applied to terminate the tenancy and evict the Tenants due to alleged damages to the rental unit and persistent late payment of rent. The Landlords served N5 and N8 Notices, but the Tenants disputed the allegations.

The ruling

The Landlords' application is dismissed. The evidence was insufficient to establish that the Tenants wilfully or negligently caused damage to the rental unit. The Tenants' late rent payments, while concerning, were not found to be persistent enough to warrant termination of the tenancy.