Flex Property Developments Inc v Robinson

Split/Other wins · Arnprior · 2025-04-25

Adjudicator

Rachel Gibbons

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

FLEX PROPERTY DEVELOPMENTS INC

Tenant

A.R., J.O.

Landlord rep

Ravis Mohebbian

What happened

The Landlord applied for eviction due to persistent late rent payments, as detailed in an N8 notice. The Tenants admitted to the late payments, attributing them to financial difficulties, including one Tenant's reliance on ODSP payments that arrive after the first of the month. The Board found the late payments were proven but granted the Tenants relief from eviction under specific conditions, prioritizing the risk of homelessness over the Landlord's prejudice from the delayed payments.

The ruling

The LTB found that the Tenants were persistently late with rent payments. However, considering the Tenants' financial struggles and the significant prejudice of potential homelessness, the Board granted relief from eviction. The tenancy continues on the condition that the Tenants pay their rent in full and on time for the next 12 months and pay the Landlord's $186.00 application fee. Failure to comply allows the Landlord to apply for an eviction order without a further hearing.