Signet Group Inc. v Fowler

Tenant wins · Waterloo · 2025-09-02

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Tenant-initiated Termination (N9)

Landlord

Signet Group Inc.

Tenant

N.F., C.A., J.H.

Landlord rep

Sean Beard

What happened

The Tenants requested a review of an order dated May 20, 2025, which had terminated their tenancy for non-payment of rent. The Tenants argued that they had actually moved out on or before January 31, 2025, after serving a valid N9 notice, and thus were not in possession when the Landlord filed the L1 application on February 10, 2025. They also contended that no arrears were owed because their last month's rent deposit covered January's rent.

The ruling

The LTB granted the Tenants' request for review, finding that the original order contained a serious error. The Tenants had vacated the unit before the Landlord's application was filed and owed no arrears. Consequently, the original order was cancelled, and the Landlord's application was dismissed.