Nzokou Tanekou v Harris

Landlord wins · Vanier · 2022-11-29

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

F.N.T.

Tenant

W.H., C.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord served the Tenants with a valid N4 Notice, but the Board found that the Landlord did not have proof of written consent for service by email, so the Tenants were deemed not to have been properly served. As a result, the Landlord's application for eviction could not proceed.

The ruling

The Landlord's application for eviction could not proceed because the Tenants were deemed not to have been properly served the N4 Notice. The Landlord was ordered to accept a payment of $4,586 from the Tenants, which represents the rent arrears and application filing fee. If the Tenants do not pay the full amount by December 10, 2022, the Landlord will start to owe interest on the outstanding balance.