Malik v Train and Tomchuk

Tenant wins · Hamilton · 2021-10-18

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

J.M.

Tenant

C.J.T., J.C.T.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a N4 Notice, but the N4 Notice was found to be invalid as it did not correctly state the amount of rent owed.

The ruling

The Landlord's application is dismissed. The N4 notice served by the Landlord was found to be invalid as it did not correctly state the amount of rent owed, as required by the Residential Tenancies Act. Since the N4 notice was invalid, the Landlord did not have the jurisdiction to terminate the tenancy.