Sardar Mohammad v Akeem Adelene

Tenant wins · Scarborough · 2021-04-14

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

S.M.

Tenant

A.A., P.S.

What happened

Landlord applied to terminate the tenancy and evict Tenants due to non-payment of rent. One Tenant, Patrick Sekooni, had vacated the unit in October 2020 before the application was filed. The remaining Tenant, Akeem Adelene, continued paying his share of the rent. The Landlord argued the Tenants were jointly liable for the entire rent, but the Board found they were tenants-in-common and not jointly liable.

The ruling

The Landlord's application is dismissed. The Board found that the Tenants were tenants-in-common, not joint tenants, and therefore the Landlord's claim for full rent arrears was not valid. The Board also found it lacked jurisdiction to order the vacated Tenant to pay rent arrears.