Clapperton v Bouvier

Landlord wins · Golden Valley · 2024-07-08

Adjudicator

Kevin O'Brien

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

C.C., B.R.W.

Tenant

P.B., L.S.

Landlord rep

M. Calderon

What happened

The former Landlord, Christopher Clapperton, applied for an order to terminate the tenancy and evict the Tenants, Paul Bouvier and Lesa Sabourin, due to non-payment of rent and substantial interference. The new Landlord, Bo Rosler-Woeszczak, was also involved in the application. The Landlord served a valid N4 notice for non-payment of rent, and an N5 notice for substantial interference, but the N5 notice was found to be defective. The Tenants owed $18,000 in rent arrears as of the hearing date.

The ruling

The L2 application for substantial interference was dismissed due to the defective N5 notice. The L1 application for non-payment of rent was granted, with the Tenants given until July 31, 2024 to pay $22,686 to void the order and continue the tenancy. If the Tenants do not pay, the tenancy will be terminated, and they must vacate the unit by July 31, 2024. The Tenants will also owe $18,003.18 in rent arrears and compensation for continued occupancy.