Regent Properties Inc. v Thalmann

Tenant wins · Sarnia · 2025-09-02

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Regent Properties Inc.

Tenant

K.T., Y.T.

Landlord rep

Charlotte Williams

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to alleged rent arrears. The arrears of $125.34 resulted from a disputed rent increase that the Landlord claimed was effective January 1, 2024. The Tenants contested the application, stating they never received the Notice of Rent Increase (NORI). The Adjudicator found that the Landlord failed to provide sufficient evidence of service and that the notice date recorded in the Landlord's system would have been legally insufficient to provide the required 90-day notice period.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The Board found the rent increase notice invalid due to inadequate notice time and lack of proof of service. Consequently, no arrears were owed as the lawful rent remains at the previous rate of $1,080.57.