De Greens Family Holdings Corp v Browning

Tenant wins · Cambridge · 2023-08-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

De Greens Family Holdings Corp

Tenant

E.B., M.B.

Landlord rep

Ken Green, Marie Green

Tenant rep

Barrett Beaudoin, Sean Harvey

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 ruling

The Landlord's application is dismissed as the Landlord is in serious breach of the tenancy agreement by removing the full-size stove and fridge and replacing them with inadequate substitutes, which limits the Tenant's ability to cook meals. The $1,500 paid by the Tenant into the LTB shall be released back to the Tenant.