Whitehead v Anstee

Split/Other wins · London · 2021-09-02

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

L.W., O.L.C.

Tenant

J.A.J.A., J.A.J.A.

Landlord rep

Lenka Whitehead

What happened

Landlords 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 eviction order issued on April 1, 2021 is void and cannot be enforced by the Landlords if the Tenants pay $355 to the Board by September 30, 2021 to reimburse the Landlords for the enforcement fee. Once the $355 is paid, the Board will issue a notice acknowledging that the eviction order is void.