Whitehall Commercial Corporation v Shipman

Landlord wins · Corunna · 2021-12-01

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

W.C.C.

Tenant

A.S.

Landlord rep

Kelly Hawkes

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 had not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective December 31, 2021. The tenant must pay the landlord $474.92, which represents the amount of rent owing and compensation up to December 1, 2021, plus $41.73 per day for compensation for the use of the unit starting December 2, 2021 to the date the tenant moves out. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by December 31, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding starting January 1, 2022. If the unit is not vacated by December 31, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting January 1, 2022.