Wintercreek Investments Ltd v Manning
Tenant wins · Whitby · 2022-01-19
- Adjudicator
- Peter Pavlovic
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- Wintercreek Investments Ltd
- Tenant
- S.M.
- Landlord rep
- Denise Ranger
- Tenant rep
- Daniel Greenya
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant challenged the validity of the N4 notice, claiming incorrect rent periods and a payment made on January 1, 2021. The Board ruled the N4 notice was valid and proceeded with the hearing.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is denied, conditional on the Tenant following a payment plan to clear rent arrears. The Tenant must make monthly payments of $1,000 from July to October 2021, and a final payment of $186 by November 15, 2021. The Tenant must also pay regular rent from July 2021 to June 2022. If the Tenant fails to make any payment, the Landlord may apply for eviction without notice.