2495513 Ontario Inc. v Niven

Tenant wins · Kitchener · 2022-01-27

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

2495513 Ontario Inc.

Tenant

D.N., M.N.

Landlord rep

Irina Karyankina

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The N4 notice was found to be defective as it incorrectly stated that August 2021 rent was unpaid, which was not the case. The Landlord withdrew the application after being given the option to proceed for arrears only.

The ruling

The Landlord's application for termination of tenancy and eviction was withdrawn after the N4 notice was found to be defective. The notice incorrectly stated that August 2021 rent was unpaid, which was not the case. The Board's file was closed due to the withdrawal of the application.