Kendale (11) Div. v Kerr

Landlord wins · Hamilton · 2023-02-13

Adjudicator

Amanda Kovats

Dispute

Rent Increase Dispute, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.D.

Tenant

G.K.

Landlord rep

Nidhi Sharma

What happened

Landlord applied for termination of tenancy and eviction due to non-payment of rent. The dispute arose from disagreement over lawful rent increases following a previous order (SOT-8666217) that prohibited rent increases until maintenance work was completed. A subsequent order (SOT-99563-18) stated the work was completed, but Tenant claimed non-receipt of this order and continued paying the previous rent amount.

The ruling

The Tenant is ordered to pay $1010.58 for rent arrears and costs in 9 monthly installments of $112.28 from March to November 2023. The Tenant must also pay the full monthly rent of $1,027.92 starting February 2023. If the Tenant fails to make any payment, the Landlord may apply for termination and eviction within 30 days of the breach.