Woodford Apartments Limited v Galloway

Landlord wins · Woodstock · 2021-03-22

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Woodford Apartments Limited

Tenant

L.G.

Landlord rep

Lisa Nadon

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 ruling

The Landlord's application for eviction is denied based on the following conditions: 1) If the March 5, 2021 payment clears and is not returned for any reason, the Tenant shall pay the Landlord $121.42 by May 31, 2021; or 2) if the March 5, 2021 payment is returned, then the Tenant shall pay the Landlord the full amount outstanding $1,037.42 ($847.42 + $190.00) on or before May 17, 2021. The Tenant shall also pay the Landlord rent owing for the months of June 2021 to May 2022, on or before the 1st day of the month when the rent is due. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord shall become immediately due and owing and the Landlord may, without notice to the Tenant, apply to the Board pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after March 22, 2021.