Samant v Smithers

Landlord wins · Grimsby · 2023-04-12

Adjudicator

Natalie James

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.S., M.S.

Tenant

P.S.

Landlord rep

Iftikhar Khan

What happened

Landlords 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 on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $23,186 by April 23, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by April 23, 2023 and pay the Landlords $18,315.66, which includes rent arrears and the application filing fee, minus the rent deposit and interest.