Brak v Phillips

Landlord wins · Brantford · 2023-01-16

Adjudicator

E. Patrick Shea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

L.B.

Tenant

C.L., S.P.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant Christopher Ladd did not void by paying the arrears. The other tenant, Sid Phillips, passed away in November 2022.

The ruling

The Tribunal found that the tenancy was a joint tenancy, and therefore Christopher Ladd was responsible for the full $1,100 monthly rent. The Tribunal ordered Christopher Ladd to pay the Landlord an additional $300 per month on top of the $1,100 rent until the $8,186 in arrears is paid off, rather than terminating the tenancy and evicting him.