Bennett v Smith

Landlord wins · Pembroke · 2025-10-16

Adjudicator

Ian Speers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

P.C.B.

Tenant

J.S.

What happened

The Landlord applied for the termination of the tenancy and eviction of the Tenant due to substantial rent arrears. The case primarily dealt with technical flaws in the N4 notice of termination, including an incomplete address, a missing sum in the rent table, and an undated signature. The Adjudicator analyzed these flaws through the lens of 'substantial compliance' under the updated Section 212 of the Residential Tenancies Act.

The ruling

The LTB ordered the termination of the tenancy effective October 27, 2025. The Tenant must pay $30,301.20 to the Landlord to cover rent arrears up to the hearing date and the filing fee, after deducting the rent deposit and interest. To void the eviction and continue the tenancy, the Tenant must pay $32,911.00 by October 27, 2025. Daily compensation of $23.01 applies for each day the Tenant remains in the unit after the hearing.