Mahbuba v Eshiett

Tenant wins · Ancaster · 2025-06-24

Adjudicator

Joshua Labbe

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

A.M.

Tenant

P.J.E., W.B.E.

Landlord rep

Amena Mahbuba

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent. The Tenants contested the validity of the N4 Notice of Termination, stating it contained incorrect arrears amounts. Specifically, the Landlord failed to include $6,000.00 in payments made by the Tenants prior to the notice being served. The Landlord claimed these payments were made 'confidentially'. The Board found the notice failed to comply with Section 59(2) of the Act and dismissed the application.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The N4 Notice of Termination was found to be invalid because it did not accurately state the arrears owing, specifically omitting $6,000.00 in payments previously made by the Tenants. The dismissal is without prejudice, allowing the Landlord to serve a new, valid notice.