Chen v Price

Split/Other wins · Toronto · 2024-05-31

Adjudicator

James Campbell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

W.C., S.D.

Tenant

A.P., L.D.H., D.V.H., J.C.

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent. The Landlord's initial application was dismissed due to the Landlord's representative not attending the hearing. The Landlord requested a review of the order, which was granted. The Landlord served a valid N4 notice, and the Tenants did not void the notice by paying the rent arrears.

The ruling

The Landlord's L1 application is dismissed. The Tenant's claim for $10,000 abatement due to the disruption caused by the Landlord's basement renovations is reasonable, and this amount is used to offset the Landlord's claim for rent arrears.