Mclaughlin v Khan

Split/Other wins · Ottawa · 2021-07-28

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.M.

Tenant

S.K.

Landlord rep

Diego Fernandez-Stoll

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The parties had previously discussed an agreement to sever the tenancy into two separate tenancies, but the agreement was not finalized.

The ruling

The Board found that there had never been a single residential tenancy for the whole house, and dismissed the Landlord's application. The Tenant clearly had a residential tenancy in the lower unit and owed arrears in respect of that unit, but those arrears could not be collected in this proceeding as the application was not filed in respect of the lower unit.