Homestead Land Holdings Ltd. v Herron

Tenant wins · Oakville · 2025-09-24

Adjudicator

Jeremy Henderson

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Homestead Land Holdings Ltd.

Tenant

E.H., S.H.

Landlord rep

Stella Idahosa

What happened

The Landlord applied to terminate the tenancy based on persistent late payment of rent. The Landlord relied on an internal ledger showing when rent cheques were processed. Tenant 2 testified that she consistently dropped rent cheques into the Landlord's dropbox on the first of the month, suggesting the ledger merely recorded the processing date, not the receipt date. The adjudicator found the Tenant highly credible and concluded the Landlord failed to prove the rent was paid late.

The ruling

The Landlord's application for termination of the tenancy and eviction based on persistent late payment of rent is dismissed. The Landlord failed to prove that the rent was actually paid late, as their records likely reflected processing dates rather than the actual dates the Tenant deposited payments into the office dropbox.