Khatri v Clarke

Landlord wins · Tottenham · 2025-07-09

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

U.V.K., V.A.P.

Tenant

I.C., A.C.

Landlord rep

Mehria Qarizadha

What happened

The Landlords applied for the termination of the tenancy and eviction due to non-payment of rent and substantial interference regarding unpaid water utilities. At the hearing, the Tenants failed to appear despite being properly served. The Landlords chose to proceed with the application even though the arrears exceeded the Landlord and Tenant Board's monetary jurisdiction of $35,000.00, acknowledging that this would extinguish their right to pursue the excess in Superior Court.

The ruling

The tenancy is terminated effective July 20, 2025. The Tenants are ordered to pay $35,186.00 to the Landlord, which is the maximum jurisdictional limit of the Board plus the filing fee, after deducting the rent deposit and interest. To void the eviction and continue the tenancy, the Tenants must pay the full un-capped arrears of $52,836.00 by July 20, 2025.