Gill v Randles

Split/Other wins · Hamilton · 2023-05-02

Adjudicator

Terri van Huisstede

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

S.G.

Tenant

I.B., K.R.

Tenant rep

Tenant Duty Counsel

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 Landlord's request for review was granted as the Landlord was unable to attend the original hearing due to technical difficulties.

The ruling

The Landlord's application for termination of the tenancy is denied on the condition that the Tenants make the following payments to the Landlord: $700 by April 18, 2023; May rent by May 2, 2023; $500 by May 2, 2023; $750 by June 1, 2023; and $1,000 on the 1st of each month starting July 1, 2023 until the balance of arrears are paid in full (21 months total) up to and including March 1, 2025. The Tenants shall also pay the lawful monthly rent on or by the 1st of each corresponding month starting June 1, 2023 and continuing until the arrears are paid in full or April 1, 2025, whichever is earliest.