Henderson v Ducker

Landlord wins · Peterborough · 2025-09-03

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.Y.H.

Tenant

R.D., D.D.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. A central issue was a clerical error on the N4 notice, where the total arrears listed on page two differed from page one. The Tenants admitted they were not confused by the error. Furthermore, the Tenants requested a delay in eviction due to significant medical issues affecting themselves and their four children.

The ruling

The tenancy is terminated unless the Tenants pay $9,886.00 by September 25, 2025, to void the order. If they do not void the order, they must vacate by September 25, 2025, and pay the Landlord $3,051.19 (the remaining balance after applying the rent deposit and post-filing payments) plus daily compensation of $101.92 until they move out.