Ridgeford Charitable Foundations v Kerr

Split/Other wins · Scarborough · 2025-10-10

Adjudicator

Reshad Nazeer

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

R.C.F.

Tenant

R.K., A.R.

Landlord rep

Mark Ciobotaru

What happened

The Landlord applied for eviction because the Tenants have been persistently late in paying their rent. Between January 2024 and January 2025, the Tenants paid rent late 11 times out of 13 months. The Tenants did not contest the late payments but argued that a change in employment would allow them to pay on time moving forward. The Landlord, a charitable organization, requested a 'pay on time' order to ensure revenue for their operations. The Board found the grounds for termination were met but granted relief from eviction subject to the Tenants following a strict payment schedule for the next year.

The ruling

The tenancy continues on the condition that the Tenants pay their lawful monthly rent in full and on time from November 1, 2025, until October 1, 2026. Additionally, the Tenants must pay October 2025 rent by October 24, 2025, and reimburse the Landlord $186.00 for the filing fee by October 21, 2025. Failure to meet these conditions allows the Landlord to apply for an ex parte eviction order under section 78.