Butty Properties Ltd v Nolan
Landlord wins · Dundas · 2021-09-14
- Adjudicator
- Douglas Wilkins
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- Butty Properties Ltd, The Effort Trust Company
- Tenant
- P.N.
- Landlord rep
- Kimberly Holleran
What happened
Landlords applied for an order to terminate the tenancy and evict Tenant 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 did not void by paying the arrears. The Tenant had not paid the total rent owed for the period from November 1, 2020 to September 30, 2021.
The ruling
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant makes the required monthly payments to repay the rent arrears over a 24-month period, and continues to pay the lawful monthly rent on time. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent.