Gelly v Amuzati

Landlord wins · Hamilton · 2022-11-16

Adjudicator

Alicia Johnson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.R.G.

Tenant

A.A.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not void the N4 Notice by paying the arrears before the application was filed. However, the Tenant paid all owed rent up to November 30, 2022, on the hearing date, leaving only the application filing fee in dispute.

The ruling

The Tenant is ordered to pay the Landlord $186.00 for the application filing fee by November 27, 2022. If not paid by this date, interest will be charged at 4.00% annually from November 28, 2022. The Board granted relief from eviction, considering that the Tenant had paid all owed rent up to November 30, 2022, on the hearing date.