Ashprior Charitable Foundation v Dannilee

Split/Other wins · York · 2025-10-08

Adjudicator

Reshad Nazeer

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

A.C.F.

Tenant

D.D.D.

Landlord rep

Mark Ciobotaru, David Ciobotaru

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent. Evidence showed the Tenant paid rent late every month for an eight-month period. The Tenant acknowledged the late payments but requested relief from eviction, citing changed circumstances that would allow for timely payments in the future. The Landlord sought a 24-month pay-on-time order, while the Tenant requested a 12-month duration.

The ruling

The tenancy shall continue provided the Tenant complies with specific conditions: the Tenant must pay rent for September and October 2025 by October 24, 2025, and pay all rent in full and on time for 12 months starting November 1, 2025. The Tenant is also ordered to pay the $186.00 application fee to the Landlord. If any condition is breached, the Landlord may apply for an ex parte eviction order within 30 days of the breach.