Torbill Holdings LTD v Cook

Landlord wins · Picton · 2023-02-08

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Torbill Holdings LTD

Tenant

B.C., C.C.

Landlord rep

Tania Wannamaker

What happened

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

The ruling

The tenancy is terminated unless the Tenant pays $12,692.36 to void the order and continue the tenancy, or $9,714.72 if the tenancy is terminated. The Tenant must also pay daily compensation of $49.45 from January 19, 2023 until move-out. If the unit is not vacated by February 19, 2023, the Landlord may file the order for enforcement.