Capreit Limited Partnership v Dawson and Spencer

Split/Other wins · Pickering · 2021-01-20

Adjudicator

Greg Joy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Capreit Limited Partnership

Tenant

A.D., S.S.

Landlord rep

Jason Paine

What happened

The landlord, Capreit Limited Partnership, applied for an order to terminate the tenancy and evict the tenants, Andrew Dawson and Simone Spencer, due to non-payment of rent. The landlord also claimed administration charges related to NSF cheques. The tenants filed a motion to void the eviction order after paying the amount required to void the order under the Residential Tenancies Act, 2006.

The ruling

The motion to void the eviction order TEL-09597-20 is granted. The order is void and cannot be enforced by the landlord.