Aliassa v O'Hara

Tenant wins · North York · 2023-11-29

Adjudicator

Rebecca Case

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

M.A.

Tenant

T.O., J.H.

Landlord rep

Howard Levenson

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to persistent late payment of rent. The Landlord served a valid N8 Notice alleging the Tenants paid rent late on several occasions between December 2021 and February 2023.

The ruling

The Landlord's application is dismissed. The Landlord has not proven the Tenants persistently paid rent late, as the Landlord agreed to accept late rent payments from the Tenants on a month-by-month basis for many years.