Elgazzar v Osborne

Landlord wins · Cornwall · 2022-09-14

Adjudicator

Peter Nicholson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.E.

Tenant

S.O.

What happened

Landlord 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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $10,786 to void the order and continue the tenancy by September 30, 2022. If the Tenant does not pay, the tenancy is terminated, and the Tenant must pay $8,464.90 to the Landlord plus daily compensation of $39.45 per day starting August 3, 2022 until the Tenant vacates the unit.