Saickley Enterprises Limited v Stewart Hutson

Split/Other wins · Ottawa · 2023-05-30

Adjudicator

Jagger Benham

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Saickley Enterprises Limited

Tenant

S.H.

Landlord rep

Nancy Cutler

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is preserved on the condition that the Tenant pays $1,000 per month from June 2023 to March 2023, with a final payment of $1,009.18 by April 15, 2023. If the Tenant fails to make any of the payments, the Landlord may apply to terminate the tenancy and evict the Tenant.