Garcha v Campbell

Landlord wins · Kitchener · 2025-03-06

Adjudicator

Elena Jacob

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

R.G.

Tenant

J.C.

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice alleging the Tenant failed to pay rent on time from October 2023 to July 2024. The Tenant claimed he was only late for one month, October 2023, and allocated subsequent payments to future rent, but the Landlord applied the payments to the oldest debt.

The ruling

The Landlord proved the Tenant was persistently late in paying rent, but the tenancy is preserved provided the Tenant pays rent in full and on time for 12 months. If the Tenant fails to comply, the Landlord may apply to terminate the tenancy without notice to the Tenant. The Tenant must pay the Landlord's $186 application filing costs.