Lower v Mcdonald

Tenant wins · Peterborough · 2022-01-12

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

T.M.

Tenant

M.M.

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 serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant filed a motion to void the eviction order after the order became enforceable, as the Tenant had paid the required amount to void the order.

The ruling

The motion to void the eviction order dated October 6, 2021 is granted. The order is void and cannot be enforced by the Landlord. The Board shall pay the Landlord the $1,500 that the Tenant paid to the Board.