Hall v Henry

Tenant wins · York · 2025-10-14

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.H.

Tenant

D.H., V.I.N.

Landlord rep

Christine Hall

Tenant rep

Tenant Duty Counsel

What happened

The Landlord applied to terminate the tenancy and evict Tenant 1 and Tenant 2 due to rent arrears. The primary issue at the hearing was the validity of the N4 Notice of Termination. The notice specified a termination date of August 1, 2025, but the certificate of service indicated it was not served until August 18, 2025. The Landlord attempted to prove earlier service via a photograph, but the adjudicator found the evidence insufficient as it lacked identifying details such as a date stamp or unit number.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The N4 notice was served after the termination date specified in the document, failing to meet the legal requirement for a 14-day notice period. The Landlord's evidence to support an earlier service date was insufficient.