Stewart v Keays

Split/Other wins · Hamilton · 2024-10-16

Adjudicator

Kyle McGraw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

D.S.

Tenant

D.K., C.K.

Landlord rep

Kadian Foster

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants due to non-payment of rent is granted. However, the Tenants are granted relief from eviction under section 83(3)(a) of the Act, as the Landlord breached the Tenants' right to access the rental unit by changing the locks without providing the Tenants with keys. The Tenants are ordered to pay the full rent arrears of $30,186 by October 27, 2024, failing which interest will accrue.