Old Oak Properties Inc. v Facey and Drake

Landlord wins · London · 2021-10-25

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Old Oak Properties Inc.

Tenant

A.F., D.D.

Tenant rep

Samantha Facey

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 valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.

The ruling

The Landlord's application for eviction of the Tenants is denied on the condition that: 1) The Tenants shall pay $259.39 to the Landlord on or before November 1, 2021; 2) The Tenants shall pay $600.00 to the Landlord on or before the 1st of each month commencing on December 1, 2021, up to and including December 1, 2022; 3) The Tenants shall pay $592.10 to the Landlord on or before January 1, 2023; and 4) The Tenants shall also pay the Landlord the rent for the months of November 2021 up to and including January 2023 in full, on or before the first day of each corresponding month. If the Tenants fail to make any of the payments in accordance with the order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges not already ordered.