Komenda v Awalt

Split/Other wins · St Thomas · 2020-09-17

Adjudicator

Nicola Mulima

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

A.K.

Tenant

C.A., D.A.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants had been late in paying rent 10 times in the past 12 months.

The ruling

The Tenants will be ordered to pay the rent on time and in full for a 12 month period. The loss of the tenancy has substantial potential prejudice to the Tenants, while the prejudice to the Landlord is minimized through the Landlord's ability to apply to terminate the tenancy under s. 78 of the Act if the Tenants breach the order for on-time payments. The Tenants shall pay the Landlord $175.00 for the cost of filing the application.