Ferguslea Properties Limited v Hassan, Habane

Landlord wins · Nepean · 2022-09-28

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Ferguslea Properties Limited

Tenant

S.A.H., I.H.

Landlord rep

Lyon Gilbert

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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $2,662.49 by September 30, 2022 or $4,412.29 by October 9, 2022 to void the order. If the Tenants do not void the order, they must pay the Landlord $189.64 and $57.53 per day in compensation starting September 14, 2022 until they move out. The Landlord is authorized to deduct the compensation from the rent deposit and interest owed to the Tenants.