Cornell v Rai

Tenant wins · Stittsville · 2025-07-18

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Stittsville Main Street Property Limited

Tenant

S.R.

Landlord rep

Michael Cornell

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, it was revealed that the Landlord had failed to provide a rent update sheet or proper disclosure to the Tenant or the Board prior to the hearing. Furthermore, the Landlord's representative provided inconsistent calculations regarding the arrears that did not align with the payment history provided, leading to a failure to prove the debt on a balance of probabilities.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. Although a valid N4 notice was served and the Tenant did not attend the hearing, the Landlord's failure to provide mandatory disclosure (rent update sheet) and the inconsistent financial testimony meant they failed to prove their case.