de Kruyff v Bailey
Split/Other wins · Cedar Springs · 2025-07-21
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- P.D.K.
- Tenant
- A.B., S.L.
What happened
The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. During the hearing, it was determined that the N4 notice served by the Landlord was invalid because it included rent arrears that had already been adjudicated in a previous Board order. Consequently, the application for termination was denied. However, the Landlord was permitted to amend the application to claim rent arrears under section 87 of the Act for a more recent period. The parties agreed on the amount of arrears owing after accounting for payments made and a rent abatement for work performed by the Tenants.
The ruling
The application for termination of the tenancy was dismissed due to an invalid N4 notice. However, the Tenants are ordered to pay the Landlord $8,236.00 by August 1, 2025, which represents rent arrears from August 2024 to July 2025 and the application filing fee. If payment is not made by the due date, interest will accrue at a rate of 4.00% per annum.