Gerrard Greenwood Southeast Holdings Inc v Littlejohn

Tenant wins · Toronto · 2025-07-07

Adjudicator

Alicia Johnson

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Gerrard Greenwood Southeast Holdings Inc

Tenant

R.F.L.

Landlord rep

Sarah Teal

Tenant rep

Brittney Ward

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on persistent late payment of rent, citing five late payments (due to NSF cheques) in an 11-month tenancy. The Tenant challenged the validity of the N8 notice, arguing it lacked the specific details required by law. The Board also addressed a dispute regarding the unit number, confirming the Tenant occupies unit #6.

The ruling

The Landlord's application to terminate the tenancy for persistent late payment was dismissed because the N8 notice served to the Tenant was found to be invalid. The notice failed to provide specific dates of when rent was actually paid in the months identified as late, which is a mandatory requirement under subsection 43(2) of the Act to allow a tenant to properly defend the case.