Jonathan v Smeall millington

Landlord wins · Cornwall · 2023-05-24

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.J.

Tenant

C.S.M.

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 $11,586 to void the order and continue the tenancy by May 31, 2023. If the Tenant does not pay this amount, the tenancy is terminated and the Tenant must move out by June 4, 2023. The Tenant must also pay the Landlord $5,881.95, which includes rent arrears and the application filing fee, as well as daily compensation for use of the unit starting August 16, 2022.