Szeto v Bernard

Tenant wins · Keswick · 2022-02-25

Adjudicator

Greg Joy

Dispute

Persistent late payment, Substantial interference

Notice

Tenant rights (T2), Persistent late payment (N8)

Amount

<$5K

Landlord

S.W.S.

Tenant

N.M.B., C.B.

Landlord rep

Barrington Lue Sang

What happened

Landlord applied to terminate tenancy and evict Tenants due to substantial interference with reasonable enjoyment and persistent late rent payment. The Landlord's claim of substantial interference was denied due to insufficient evidence. However, the Tenants were found to be persistently late in paying rent.

The ruling

The Landlord's request to terminate the tenancy based on substantial interference was denied due to insufficient evidence. However, the Tenants were found to be persistently late in paying rent. The Tenants are ordered to pay rent in full and on time for each consecutive month from March 2022 through February 2023. If the Tenants fail to comply, the Landlord may apply for termination without notice. The Tenants must also pay the Landlord $186.00 for the application filing cost.