IMH Pool XX LP v Welsh and Hunter

Split/Other wins · Toronto · 2022-01-27

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool XX LP

Tenant

K.W., S.H.

Landlord rep

Sharon Harris

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord also claimed NSF cheque charges and related administration charges.

The ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the following payments to the Landlord in respect of the $5,838.50 owed: $1,000 on January 25, 2022, $1,000 on February 1, 2022, $1,000 on February 8, 2022, $1,000 on February 15, 2022, $1,000 on February 22, 2022, and $838.50 on March 1, 2022. The Tenants shall also pay the Landlord the rent for the months of January 2022 up to and including March 2022 in full, on or before the first day of each corresponding month. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants and for the payment of any new arrears of rent and NSF charges not already ordered.