MOULTON v Layfield

Tenant wins · Kingston · 2025-04-22

Adjudicator

Mayra Sawicki

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

E.M.

Tenant

T.L.

Landlord rep

S. Pearson

Tenant rep

J. Done

What happened

The Landlord applied to evict the Tenant to perform major repairs, as per an N13 notice. The Tenant's representative requested the application be dismissed on a preliminary basis because the Landlord failed to pay the required one-month's rent compensation by the notice's termination date. The Landlord argued that a credit applied to the Tenant's online account ledger for rent arrears constituted payment, but admitted this was never communicated to the Tenant. The Board found that compensation must be clearly and unequivocally communicated and dismissed the Landlord's application for failing to meet this requirement.

The ruling

The Landlord's application to evict the Tenant for the purpose of major renovations is dismissed. The Board found that the Landlord failed to pay the mandatory one-month's rent compensation as required by the Act, because applying a credit to the Tenant's ledger without explicit communication does not constitute valid payment.