Holborn Holdings Ltd. v Ubdegrove and Gallaugher

Landlord wins · Kitchener · 2020-12-21

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Holborn Holdings Ltd.

Tenant

S.U., S.G.

Landlord rep

Peter Gamer

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenants must pay the Landlord $6,250.65, which includes rent arrears up to December 21, 2020 and NSF cheque administration charges, less the rent deposit and interest owed on the deposit. The Tenants must also pay $52.93 per day for compensation for use of the unit starting December 22, 2020 until they move out, and $175 for the application filing cost. If the Tenants do not pay the full amount by January 5, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 5, 2021, the Landlord may file the order with the Sheriff for enforcement.