Higgins v Wiznuk

Tenant wins · Peterborough · 2022-03-03

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Landlord

T.H.

Tenant

D.W.

Landlord rep

Rodney Bryant

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was dismissed because the Landlord failed to prove that a valid N4 notice was served to the Tenant before filing the application.

The ruling

The Landlord's application is withdrawn without prejudice due to failure to prove service of the N4 notice. The Board lacks jurisdiction to terminate the tenancy without a valid notice of termination served in accordance with the Residential Tenancies Act.