McBride v Macpherson

Split/Other wins · St Andrews West · 2025-08-20

Adjudicator

Sheena Brar

Dispute

Lease-To-Own Agreement, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.M., H.M.

Tenant

E.M., B.B.

What happened

The Landlords applied for termination of tenancy and eviction based on rent arrears. The Tenants argued that their monthly payment of $1,900 included a $300 down payment for a lease-to-own agreement, meaning the lawful rent was only $1,600. The Board agreed with the Tenants, finding the N4 notice defective for listing the incorrect rent amount. The Landlords converted the application to a request for arrears only (L9) instead of pursuing eviction.

The ruling

The LTB found the Landlord's eviction notice (N4) was defective because it incorrectly included down payment amounts from a lease-to-own agreement as rent. The Landlord opted to convert the application to a request for arrears only. The Tenants are ordered to pay $2,786.00, which includes $2,600.00 in arrears and the $186.00 filing fee, by August 31, 2025. No eviction was ordered.