Nejad v. Preddie

Landlord wins · 2016-07-19

Adjudicator

Marrocco A.C.J.S.C.

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.M.R.S.N.

Tenant

C.H.P.

Landlord rep

David Strashin

What happened

The landlord applied to evict the tenant for non-payment of rent. The tenant disputed the arrears and filed counter-applications for maintenance issues. The Landlord and Tenant Board ordered the tenant to pay $15,078.70 in arrears, less $2,221.30 for abatement and repairs. The tenant appealed to Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision ordering payment of $15,078.70 in rent arrears less $2,221.30 for abatement and repairs. The court found the Board's decision was reasonable in allowing the arrears application despite a defective notice, determining the amount of arrears, finding compliance with address requirements, and limiting the abatement claim to one year.