Khan v Farquharson

Landlord wins · Milton · 2024-03-22

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.S.K.

Tenant

J.F.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $18,636 by March 31, 2024 or $20,386 by April 1, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $15,348.62, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $57.53 for each day of occupation starting March 5, 2024 until they move out.