Victoria Park Community Homes v Wicker and Sheen

Landlord wins · Hamilton · 2021-10-19

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Victoria Park Community Homes

Tenant

C.W., J.S.

Landlord rep

S. Lange

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 ruling

The tenancy is terminated effective November 18, 2021. The Tenants must pay $2,241.37 to the Landlord, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. If the Tenants do not pay the full amount owing by November 18, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by November 18, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.