Ferguslea Properties Limited v New

Landlord wins · Nepean · 2023-02-27

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Ferguslea Properties Limited

Tenant

G.N., J.M.

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 will be terminated on April 7, 2023 unless the Tenants pay the outstanding rent arrears and other amounts owed to the Landlord. The Tenants have until April 7, 2023 to pay the full amount owing to void the eviction order and continue the tenancy. If the Tenants do not pay the required amount, they must vacate the unit by April 7, 2023 and pay the Landlord $4,698.33, which includes the rent arrears and application filing fee, minus the rent deposit and interest owed to the Tenants.