SARMA v WILSON

Landlord wins · Hamilton · 2022-11-23

Adjudicator

Sheena Brar

Dispute

Persistent late payment, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

O.S.

Tenant

R.W.

Landlord rep

G. Gosling

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served a valid N4 notice, but the application was filed before the termination date, so the Board could not terminate the tenancy on that basis. The Board granted the Landlord's request to seek rent arrears only on the L1 application. The Tenant had not made any rent payments since the application was filed, and the rent arrears totaled $16,575. The Tenant claimed there was a verbal agreement to fix the roof in exchange for reduced rent arrears, but did not provide any evidence. The Board found the Tenant had persistently failed to pay rent on time, and terminated the tenancy on that basis.

The ruling

The tenancy is terminated effective December 4, 2022. The Tenant must pay the Landlord $14,968.73 in rent arrears and application filing fees, less the rent deposit and interest. The Tenant must also pay daily compensation of $41.92 per day for use of the unit from October 20, 2022 until the Tenant vacates. If the Tenant does not pay the full amount by December 4, 2022, the Tenant will owe interest at 4% annually on the outstanding balance.