EQUITON RESIDENTIAL INCOME FUND LP v Kuhaly

Landlord wins · Hamilton · 2024-04-17

Adjudicator

Henry Yeung

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

EQUITON RESIDENTIAL INCOME FUND LP

Tenant

S.A.K., H.S.

Landlord rep

Laveena Sansal

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The Landlord served a valid N4 notice and the Tenants did not void it by paying the arrears. The Tenants were still in possession on the hearing date. The Landlord and Tenants had a payment plan in place, but the Tenants did not show up to have it ratified. Considering the payment plan and the Tenants' partial payments, the Board granted conditional relief from eviction, allowing the Tenants to continue paying the arrears and new rent as per the schedule.