1001235 Ontario Ltd v Kirkeby

Landlord wins · Waterloo · 2023-02-06

Adjudicator

Trish Carson

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

1001235 Ontario Ltd

Tenant

S.K.

Landlord rep

Paul Hannoush, George Hannoush

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served an N8 notice on March 15, 2022, citing six instances of late rent payment from April 2021 to March 2022. The Tenant has continued to pay rent late since the notice was served.

The ruling

The Landlord and Tenant Board issued a conditional order allowing the tenancy to continue, provided the Tenant pays rent in full and on time for the next 12 months, from March 1, 2023, to February 28, 2024. If the Tenant breaches this condition, the Landlord may apply for termination without notice to the Tenant within 30 days of the breach. The Tenant must pay the Landlord $186.00 for the application filing cost.