Skyline Living v Downes

Landlord wins · Kingston · 2022-12-07

Adjudicator

Maria Shaw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.L.

Tenant

M.D.

Landlord rep

Adelina Andreita

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $9,997.34 to void the order and continue the tenancy by January 17, 2023. If the Tenant does not pay the full amount, the Tenant must vacate the unit by January 17, 2023. The Tenant is also ordered to pay the Landlord $1,428.10, which includes rent arrears, application fees, and daily compensation for occupying the unit after October 1, 2022.