Kluczenko v Domalion

Split/Other wins · St Catharines · 2021-12-14

Adjudicator

Lynn Mitchell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

G.K.

Tenant

D.D.

Landlord rep

J. Kluczenko

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 the Tenant failed to meet the conditions of a previous order issued by the Board. The Tenant explained that his CRB payments had been stopped but were later reinstated, allowing him to pay the full rent arrears ahead of schedule. The Landlord acknowledged the arrears had been paid but objected to setting aside the previous order.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant was dismissed. The previous order issued on April 27, 2021 was cancelled, and the Tenant was ordered to pay full lawful rent on or before the first day of each month from January 1, 2022 through to October 1, 2022.