Tully Painting v Rye

Split/Other wins · Peterborough · 2025-04-22

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

<$5K

Landlord

T.P.

Tenant

J.R.

Landlord rep

Crystal Francey

What happened

The Landlord filed applications for rent arrears (L1) and for persistent late rent payments (L2). The Tenant did not attend the hearing. The Board found that the Tenant had paid rent late 11 times and failed to pay rent 7 times over an 18-month period. Based on the Landlord's request, the Board issued a conditional order granting the Tenant relief from eviction, provided they pay the outstanding arrears on a set schedule and pay future rent on time.

The ruling

The tenancy is not terminated. The Tenant is granted relief from eviction on the condition that they pay the Landlord $2,486.00 (for rent arrears and filing costs) according to a monthly payment plan starting May 31, 2025. Additionally, the Tenant must pay all future rent on time for a 12-month period. If the Tenant fails to meet any condition, the Landlord may apply to the LTB for an eviction order without a new hearing.