Kandiah v Sweeney

Split/Other wins · Sudbury · 2024-07-02

Adjudicator

Brett Lockwood

Dispute

Damage to Property, Persistent Late Payment

Notice

Persistent late payment (N8), Damage to Rental Unit (N5)

Amount

<$5K

Landlord

A.K.

Tenant

K.S.

Landlord rep

Monique Laderoute

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent and damage to the rental unit. The Landlord served valid N8 and N5 notices, but the Tenant disputed the damage claims, stating the repairs were necessary due to the Landlord's failure to address maintenance issues.

The ruling

The Landlord's N5 notice for damage was valid, but the Tenant voided it by not continuing the behavior during the remedial period. However, the Tenant did not void the N5 notice by repairing the damage or paying the costs. The Landlord's N8 notice for persistent late payment was also valid. Despite this, the Tribunal granted conditional relief from eviction, requiring the Tenant to pay rent on time going forward.