Hollinger v Mayson

Landlord wins · London · 2023-08-29

Adjudicator

Lisa Del Vecchio

Dispute

Damage to Property, Persistent Late Payment, Substantial Interference

Notice

Persistent late payment (N8), Substantial interference (N5)

Amount

$10-20K

Landlord

B.H.

Tenant

C.M.

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent, substantial interference, and damages. The Landlord served a valid N8 Notice alleging the Tenant has persistently paid rent late. The Landlord also served an N5 Notice for substantial interference and damages, but withdrew these claims.

The ruling

The tenancy is terminated effective September 9, 2023. The Tenant must vacate the unit by this date. The Tenant is ordered to pay the Landlord $12,108.80 for use and occupation from September 1, 2022 to August 10, 2023, plus $35.20 per day from August 11, 2023 until the Tenant vacates, and $186 for the application filing fee. If the Tenant does not pay the full amount by September 9, 2023, the Tenant will owe interest at 6% annually on the outstanding balance.