Enterprise Reit Operating LP v Pederson

Landlord wins · Hamilton · 2024-02-13

Adjudicator

Madeline Ntoukas

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Enterprise Reit Operating LP

Tenant

B.P., B.K.P., A.C.T.

Landlord rep

David Ciobotaru

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice, and the evidence showed the Tenants failed to pay rent on time for 12 out of 12 months.

The ruling

The Landlord proved the grounds for termination of the tenancy due to persistent late payment of rent. However, the LTB member ordered a conditional 12-month pay on time order, plus the application filing fee, instead of an immediate eviction.