Hillcrest Properties 1 Ltd v Sivin

Landlord wins · Hamilton · 2023-02-28

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hillcrest Properties 1 Ltd

Tenant

N.S.

Landlord rep

Andrew Smith

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving 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 tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $4,476.94 by 2023-02-27 or $5,566.11 by 2023-03-11 to void the order. If the Tenant does not pay, the Tenant must move out by 2023-03-11 and pay the Landlord $2,843.55 plus daily compensation of $35.81 from 2023-02-16 until move-out.