Smeeton v Flegg

Split/Other wins · Smiths Falls · 2025-03-06

Adjudicator

Susan Priest

Dispute

Agreement To Terminate Tenancy, Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

J.S.

Tenant

C.F., J.M.

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent and an alleged agreement to terminate the tenancy. The Tenants disputed the agreement to terminate the tenancy, but acknowledged the late rent payments.

The ruling

The Landlord's application to terminate the tenancy based on an alleged agreement to terminate was dismissed, as the Landlord failed to establish that such an agreement was reached. However, the Landlord's application to terminate the tenancy due to persistent late payment of rent was granted, but the Tenants were granted conditional relief from eviction. The Tenants must pay the rent on time for the next 12 months, or the Landlord can apply to terminate the tenancy.