260 Wellesley Residences v Khan

Landlord wins · Toronto · 2025-06-13

Adjudicator

Panagiotis Peter Roupas

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

260 Wellesley Residences

Tenant

F.K., M.N.

Landlord rep

Charlie Bobrowsky

What happened

The Landlord applied to evict the Tenants for persistent late payment of rent, having paid late 10 out of 12 times in 2024. After the Landlord served an N8 notice, the Tenants began paying rent on time. The Tenants were absent from the hearing, and the Landlord's representative requested a conditional order for timely payments instead of eviction.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants pay their rent in full and on time for the next 12 months, from July 1, 2025, to June 1, 2026. If a payment is late, the Landlord can apply to the LTB for an eviction order under section 78 without notice to the Tenants. The Tenants are also ordered to pay the Landlord's $186.00 application fee.