Monterey Park Inc v Petrovic

Tenant wins · York · 2025-03-27

Adjudicator

Colin Elsby

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Monterey Park Inc

Tenant

M.R., M.P., J.S.

Landlord rep

Debbes ha Morris

Tenant rep

Lisa Duchene

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants disputed that they persistently paid rent late, claiming they believed they could pay rent whenever they wanted based on their lease terms.

The ruling

The Landlord's application is dismissed. The Tribunal found that the Landlord had fostered a practice of acquiescence to the Tenant's late payments for almost 8 years, and in the absence of some objection to the Tenant's payment methods prior to service of the N8 Notice, the application for persistent late payment must be dismissed. The Tribunal noted that the Landlord has now put the Tenant on notice that it will not tolerate late payment into the future.