Gerrard and Shortt v Levert and Bryenton

Tenant wins · Manitowaning · 2022-01-13

Adjudicator

Greg Joy

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Landlord

T.S., K.G.

Tenant

B.L., S.B.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlords and Tenants had a fixed-term tenancy agreement with rent increasing over time, but the Landlords did not properly follow the Residential Tenancies Act to increase the rent.

The ruling

The Landlords' application is dismissed because the notice to terminate the tenancy was based on an invalid rent amount, and the tenancy continued on a month-to-month basis with the original $1,000 rent.