Harper v Bassett
Landlord wins · St Catharines · 2022-01-11
- Adjudicator
- Peter Nicholson
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- R.H.
- Tenant
- D.B.
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and substantial interference with the Landlord's reasonable enjoyment or lawful rights. The Landlord served a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Landlord also served a Notice of Termination for substantial interference, but the Board found insufficient evidence to support this claim.
The ruling
The tenancy is terminated effective January 22, 2022 unless the Tenant pays $10,101 to void the eviction order. The Tenant must pay $8,479.44 in rent arrears and application costs, plus $29.59 per day starting January 12, 2022 if the tenancy is terminated. The Landlord's application for substantial interference was dismissed.