Chernyavskiy v HAWKINS

Landlord wins · Barrie · 2026-01-09

Adjudicator

Alicia Johnson

Dispute

Non-payment of Rent, Utilities

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

V.C.

Tenant

J.H., D.H., A.B., L.H.

What happened

The Landlord applied for eviction based on non-payment of rent (L1) and compensation for unpaid utilities (L2). During the hearing, it was determined that the N4 notice was fatally flawed because it did not specify the rental periods for which arrears were claimed. Consequently, the Landlord withdrew the L1 application. The matter proceeded regarding the L2 application for utility costs, which the Tenants did not dispute but requested a payment plan for due to financial difficulties.

The ruling

The eviction application was withdrawn due to a defective N4 notice. The Tenants were ordered to pay the Landlord a total of $1,241.75 for unpaid utilities and the filing fee. A payment plan was established: $400.00 by January 15, 2026; $400.00 by February 15, 2026; and the remaining $441.75 by March 15, 2026. Interest will accrue on any balance remaining after March 15, 2026.