Micallef v Jackson

Landlord wins · Collingwood · 2022-06-16

Adjudicator

Susan Priest

Dispute

Illegal Act, Non-payment of Rent, Substantial Interference

Notice

Substantial interference (N6), Illegal Act (N7), Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

A.M., A.M.

Tenant

D.J., J.L.

What happened

Landlords applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference/illegal acts. The N5, N6, and N7 notices were found to be defective, so the L2 application could not proceed. The L1 application for non-payment was granted, as the Tenants did not void the valid N4 notice by paying the arrears.

The ruling

The tenancy is terminated unless the Tenants pay $13,401 by June 27, 2022 to void the order. If the Tenants do not pay, they must vacate the unit by June 27, 2022, and pay the Landlords $12,477.15 plus daily compensation of $39.45 from June 8, 2022 until they move out.