Barbosa v Barbosa

Tenant wins · York · 2025-10-22

Adjudicator

Kimberly Parish

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

A.B.

Tenant

C.B.

What happened

Landlord applied to terminate the tenancy and evict Tenant for non-payment of rent. The Landlord claimed a 2/3 ownership of the property and alleged the Tenant, who is his brother's wife, lived in a room at the complex under an agreement with the brother. However, the Landlord admitted there was no direct agreement between himself and the Tenant, and the N4 notice served was deficient in properly identifying the parties.

The ruling

The Landlord's application to evict the Tenant for non-payment of rent was dismissed. The LTB found that the N4 notice of termination was legally insufficient due to the lack of full names for the parties. Additionally, it was determined that no legal landlord-tenant relationship existed between the Landlord and the Tenant, as there was no agreement for the exchange of rent for occupancy.