Grahahm and Levy v Higgins

Tenant wins · Maple · 2022-02-25

Adjudicator

Kathleen Wells

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Landlord

P.L., V.G.

Tenant

C.H.

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlords served the Tenant with an N8 Notice of Termination, alleging one late rent payment in March 2020.

The ruling

The Landlords' application was dismissed as the N8 Notice was defective, as it only identified one late rent payment and did not establish a pattern of persistent late payments as required by the Residential Tenancies Act.