Power v Beckles

Landlord wins · Scarborough · 2022-12-02

Adjudicator

Nicole Huneault

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

E.P.

Tenant

K.B., B.C.

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 tenants were still in possession of the rental unit on the hearing date.

The ruling

The Tribunal has granted the Tenant relief from eviction subject to a payment plan. The Tenant is ordered to pay the Landlord $12,000.71 in rent arrears and application filing fees in 23 equal monthly payments of $500, plus a final payment of $500.71. The Tenant must also pay new rent on time and in full until the arrears are paid off. If the Tenant fails to make any of the payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.