Gamblin v Brock, Uniat

Split/Other wins · Ottawa · 2021-03-30

Adjudicator

Tami Cogan

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

A.G.

Tenant

D.B., H.U.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants have been late in paying rent on multiple occasions, with the Landlord serving 9 N4 notices in the past 2 years and filing 3 L1 applications that were discontinued upon payment of arrears.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants pay the full monthly rent on time for the next 12 months. If the Tenants fail to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenants within 30 days of the breach. The Tenants are ordered to pay the Landlord $186 for the cost of filing the application.