Capreit Limited Partnership v Giberson and Edwards

Landlord wins · London · 2022-01-21

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

M.G., Z.E.

Landlord rep

Ayden Pearson

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 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 February 28, 2022. The Tenants must pay $855.30 to the Landlord, which includes rent arrears up to January 21, 2022 and the application filing fee, less the rent deposit and interest. The Tenants must also pay $35.67 per day for compensation for use of the unit from January 22, 2022 until they move out. If the Tenants do not pay the full amount by February 28, 2022, they will owe interest and the Landlord can file the order for enforcement of the eviction.