LHK v M B

Split/Other wins · 2019-12-05

Dispute

Persistent Late Payment, Substantial Interference

Notice

Persistent late payment of rent (N8), Substantial interference (N5)

Amount

<$5K

Landlord

L.H.K., C.K., L.H.I.

Tenant

M.B.

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent and substantial interference. The Tenant has resided in the rental unit since May 2018 and pays $2,036 rent monthly. The Landlords served the Tenant with an N8 Notice for persistent late payment and an N5 Notice for substantial interference, but the N5 Notice was found to be invalid due to having two different termination dates.

The ruling

The Landlords' application based on the invalid N5 Notice was dismissed. However, the Tenant was found to have persistently paid rent late. The Board ordered the Tenant to pay rent on time for 12 months, from January 1, 2020 to December 1, 2020. If the Tenant fails to make any of these payments, the Landlords may apply to terminate the tenancy without further notice.