ALLEGHE MORTGAGE FUND LTD. v Nandkumar

Tenant wins · Richmond Hill · 2025-04-08

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Alleghe Mortgage Fund LTD.

Tenant

D.K.N., R.B.G.

Landlord rep

Ron Marzel

Tenant rep

Ziskind, D

What happened

A mortgagee in possession, Alleghe Mortgage Fund LTD., filed two applications to evict tenants for non-payment of rent after a previous order was granted for review. The primary legal issue was whether the mortgagee qualified as the landlord under the Mortgages Act and the RTA. The Board affirmed the mortgagee's status as landlord but ultimately dismissed both applications. The dismissal was based on the finding that both N4 notices served to the tenants were invalid due to significant errors in the stated lawful rent and the amount of arrears, which prejudiced the tenants' rights.

The ruling

Both of the Landlord's applications for non-payment of rent are dismissed. The Board found that although the applicant, a mortgagee in possession, was legally the landlord, the N4 Notices of Termination they relied upon were invalid. The notices contained significant errors regarding the amount of rent due, which prejudiced the Tenants' ability to understand what was required to void them. The previous order LTB-L-062824-23 is cancelled and replaced by this dismissal.