A.S.L.I. v S.B.

Split/Other wins · 2016-10-31

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

A.

Tenant

S.

Landlord rep

R.G.

What happened

Landlord applied to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.

The ruling

The Tenant's review request was granted. The Landlord's arrears application was then heard de novo. The Tenant provided evidence of additional rent payments not reflected in the Landlord's ledger, which the Landlord agreed to credit. Considering the significant arrears, the Landlord's delay in initiating proceedings, and the Tenant's testimony, a conditional order for repayment of the arrears was granted to allow the Tenant to maintain the tenancy.