Mainline Living Property Management v Albu

Split/Other wins · Brantford · 2024-04-09

Adjudicator

Henry Yeung

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Mainline Living Property Management

Tenant

F.A.

Landlord rep

Tanya Brocklehurst

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 vacated the rental unit on November 30, 2022, prior to the hearing date.

The ruling

The Landlord's actions of allowing commercial trucks to park in front of the Tenant's rental unit substantially interfered with the Tenant's reasonable enjoyment of the unit. As a remedy, the Tenant is granted a 15% abatement of the rent arrears, which amounts to $1,754.45.