Torbill Holdings Ltd v Flegg

Landlord wins · Smiths Falls · 2021-09-07

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Torbill Holdings Ltd

Tenant

T.F.

Landlord rep

Tania Wannamaker

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 not present at the hearing.

The ruling

The tenancy is terminated effective September 18, 2021. The Tenant must pay the Landlord $9,057.04, which includes rent arrears up to September 7, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $36.16 per day for compensation for the use of the unit starting September 8, 2021 until the Tenant moves out. If the Tenant pays the full amount of $11,186.00 on or before September 18, 2021, the eviction order will be void and the Tenant can remain in the unit.