35 Valley Woods Road Apartments Limited v Smith and McDonald

Landlord wins · Toronto · 2021-04-08

Adjudicator

Vladimir Nikitin

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

35 Valley Woods Road Apartments Limited

Tenant

E.S., H.M.

Landlord rep

Faith McGregor

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord's evidence showed the Tenants were late in paying rent 8 out of 12 months during the period of March 2019 to February 2020.

The ruling

The Tenants were granted conditional relief from eviction, required to pay rent in full on or before the first business day of each month for a 5-month period. The Landlord's request for a 12-month conditional order was reduced due to the Landlord's prior assurances to the Tenants.