Huo v Schwoob

Landlord wins · St. Catharines · 2021-11-02

Adjudicator

Nancy Morris

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

J.H.

Tenant

M.S.

Landlord rep

J. McDougall

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice of Termination in November 2020, and the Tenant was aware of the possibility of an LTB application. The Tenant paid rent on time immediately after receiving the N8 notice, but was late with rent in May, June, July and August 2021.

The ruling

The Tenant has been persistently late in paying rent, but is not currently in arrears. The Tenant failed to attend the hearing. However, the prejudice to the Tenant in an eviction order outweighs the prejudice to the Landlord in continuing the tenancy. A conditional order is granted, requiring the Tenant to pay rent on time from December 2021 to November 2022. If the Tenant fails to make any payment, the Landlord may apply for an immediate eviction order.