Ferguslea Properties Limited v Hassan and Habane

Landlord wins · Nepean · 2021-10-29

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Ferguslea Properties Limited

Tenant

I.H., S.A.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 had not paid the full rent from April 1, 2021 to October 31, 2021.

The ruling

The tenancy is terminated effective November 9, 2021. The Landlord owes the Tenants $76.22 after offsetting the rent deposit, interest, and compensation for the Tenants' continued occupation. The Tenants must pay $109.78 plus $54.99 per day starting October 30, 2021 if the tenancy is terminated, or $1,851.99 if paid by October 31, 2021 or $3,524.56 if paid by November 9, 2021 to void the eviction order and continue the tenancy.