JS v BB and JJ

Split/Other wins · 2016-12-28

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.

Tenant

B., J.

Tenant rep

Algoma Legal Clinic

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 N4 Notice, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on February 29, 2016, prior to the hearing date.

The ruling

The Board has jurisdiction to hear the matter as the payments made by the tenants constitute 'rent' under the Residential Tenancies Act, 2006, despite the 'rent-to-own' agreement between the parties. The matter will be scheduled for a continuation hearing to determine the status of Tenant JJ's rent arrears.