KHAN v PARNELL A.K.A. ALICIA PARNELL-STRAIN

Landlord wins · Pickering · 2025-05-13

Adjudicator

Alicia Johnson

Dispute

Non-Payment Of Utilities, Personal Use, Substantial Interference

Notice

Substantial interference (N5), Personal use (N12)

Amount

<$5K

Landlord

F.K.

Tenant

A.P.A.A.P.

Landlord rep

Peter Balatidis

What happened

The Landlord applied to terminate the tenancy based on substantial interference (non-payment of water utilities) and a purchaser's requirement for the unit (N12). The Landlord also sought compensation for unpaid utility costs. During the proceedings, the Landlord withdrew the N12 application as the sale had collapsed due to the Tenant's refusal to vacate, leading to foreclosure proceedings. The Tenant contested the utility amounts, alleging a leak.

The ruling

The tenancy continues on the condition that the Tenant pays the Landlord $828.77 (utility arrears plus filing fee) in monthly installments ending August 31, 2025. Additionally, the Tenant must return $3,300.00 in N12 compensation to the Landlord by May 24, 2025. The Tenant must also pay future water bills within 7 days of receipt. Failure to comply with these payment conditions allows the Landlord to apply for an ex parte eviction order under section 78.