Cooper v Ash and Keats

Landlord wins · Cobalt · 2021-11-18

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.C.

Tenant

K.A., K.K.

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 Landlord's application is dismissed as the Landlord and Tenant Board does not have jurisdiction to issue an order with respect to the rental arrears claimed, as the tenants had already vacated the rental unit before the application was filed.