SRISKANDARAJAH v BOYCE

Landlord wins · STOUFFVILLE · 2025-04-28

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

>$20K

Landlord

V.S., K.S.

Tenant

M.B.

Landlord rep

John Lambe

What happened

Landlords filed applications for rent arrears (L1) and persistent late rent payments (L2). The Tenant had accumulated over $48,000 in arrears and had a history of late payments. The Tenant admitted to the debt but mentioned a potential bankruptcy filing. The Board issued two distinct orders: a standard L1 order for arrears that could be voided by full payment, and a non-voidable L2 order for persistent late payments, ensuring the tenancy would terminate regardless of payment or bankruptcy proceedings.

The ruling

The tenancy is terminated effective May 9, 2025. The Board issued a dual order. The L1 order for arrears is voidable if the Tenant pays $48,271.00 by April 30, 2025, or $52,063.50 by May 9, 2025. If not voided, the Tenant owes the Landlords $35,000.00 (the LTB's jurisdictional limit). Simultaneously, a non-voidable L2 order for persistent late payment terminates the tenancy on May 9, 2025, ensuring eviction proceeds regardless of payment or the Tenant's potential bankruptcy filing.