Somasundaram v Mondoux

Tenant wins · Cornwall · 2025-10-31

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

L.S.

Tenant

P.M., P.M.

Landlord rep

L. Duchene

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent, claiming arrears of over $77,000. The Tenants argued that the amount claimed by the Landlord actually consisted of personal loans and that they had paid their rent regularly until August 2024. A dispute also arose regarding the legality of rent increases from 2022 and 2025.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants was dismissed. The adjudicator found that the Landlord did not sufficiently prove that the Tenants owed the claimed rent arrears, as the evidence suggested the financial transactions between the parties were personal loans outside the LTB's jurisdiction. The lawful rent was determined to be $1,500.00.