Victoria Park Community Homes v Wolday and Teclehaimanot

Split/Other wins · Hamilton · 2021-09-29

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Victoria Park Community Homes

Tenant

F.W., T.T.

Tenant rep

Duty Counsel

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 had vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the agreed upon monthly payments to pay off the $1,261.00 in rent arrears and costs by May 1, 2022, and also pay the rent in full each month from October 2021 to May 2022. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent.