Ghanbari v Hernandez

Tenant wins · North York · 2024-12-17

Adjudicator

Colin Elsby

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

H.G., E.D.

Tenant

F.A.H., D.E.M., C.C.H., R.N.T.

Landlord rep

Jimmy Gangadin

Tenant rep

Omar Rambhajan

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice alleging the Tenants paid rent late every month from June 2023 to February 2024.

The ruling

The Landlord's application is dismissed as the N8 notice served did not satisfy the requirements of Section 43(2) of the Residential Tenancies Act, 2006. The notice did not provide sufficient details of the alleged late rent payments to allow the Tenants to know the case to be met.