King East Developments v Ciyayi

Tenant wins · Richmond Hill · 2022-02-01

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent, Breach of Conditions

Amount

<$5K

Landlord

King East Developments

Tenant

R.C.

Landlord rep

Howard Levenson

What happened

Landlord applied for an order requiring Tenant to pay rent owed, NSF cheque charges, and related administration charges. The original order was reviewed due to alleged serious error in not considering the lack of proper termination notice by the Tenant. The review hearing reassessed the arrears owed based on the tenancy agreement's termination clause and the Landlord's failure to mitigate losses.

The ruling

The Landlord's request for review was granted, but the Tenant's liability for rent arrears was significantly reduced. The Board found that the Landlord failed to mitigate losses and that the tenancy agreement's termination clause negated the need for 60 days notice from the Tenant. The Tenant is ordered to pay $304.00, which includes pro-rated rent for one day, the application filing fee, and NSF charges.