Brown v Canning

Landlord wins · Lindsay · 2020-10-16

Adjudicator

Marisa Victor

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

R.B., K.B.

Tenant

D.C., T.W.

Landlord rep

Joanna McIntyre

What happened

Landlords 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective October 27, 2020. The Tenants must pay the Landlords $14,980.99, which includes rent arrears, compensation, and application fees, less the rent deposit and interest owed on the deposit. The Tenants must also pay $65.75 per day for each day of occupation starting October 17, 2020 until they vacate the unit. If the full amount is not paid by October 27, 2020, the Tenants will owe interest at 2% annually on the outstanding balance.