Shen v Van Vrouwerff

Tenant wins · Windsor · 2022-11-04

Adjudicator

John Cashmore

Dispute

Persistent late payment, Non-payment of Rent

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

Y.S.

Tenant

C.V.V.

Landlord rep

Brenell Dean, Trevor Scheib

Tenant rep

Tori-Lee Jenkins

What happened

Landlord applied for an order requiring Tenant to pay rent owed and to terminate the tenancy due to persistent late rent payments. The N4 notice was found invalid due to improper amendment after service. The Landlord proceeded with an amended L9 application for rent arrears and L2 application for eviction based on persistent late payments.

The ruling

The Tenant is ordered to pay $4,526.00 to the Landlord for rent arrears and application costs. A conditional order is issued allowing the tenancy to continue if the Tenant pays monthly rent on time for the next 12 months. If the Tenant breaches this condition, the Landlord may apply for termination without notice within 30 days of the breach.