Live Well Property Management v McKittrick

Tenant wins · Hamilton · 2022-01-17

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Live Well Property Management

Tenant

C.M.

Landlord rep

Matt Christie

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 notice, but the termination date was only 13 days after the Tenant would have received the notice, which was not adequate time for the Tenant to resolve the notice.

The ruling

The Landlord's application is dismissed because the Landlord did not provide the Tenant with adequate time to resolve the N4 notice, as required by the Residential Tenancies Act, 2006.