Stirpe v Wood

Split/Other wins · Timmins · 2025-10-28

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

F.S., D.W.

Tenant

K.L.W.

Landlord rep

Debra Williams

What happened

The Landlords applied for termination and eviction based on non-payment of rent. During the hearing, it was discovered that the N4 notice was defective because it failed to include all arrears claimed in the application, making the mandatory rent amount in the notice incorrect. Consequently, the Landlord requested to convert the application from an L1 (termination) to an L9 (arrears only), which was granted. The Tenant had made significant payments after the application was filed but still owed a balance.

The ruling

The LTB found the Landlord's N4 notice defective for eviction because it excluded one month of arrears. The application was converted to an arrears-only claim. The Tenant is ordered to pay $2,186.00 (covering $2,000.00 in arrears and the $186.00 filing fee) by November 8, 2025. No eviction was ordered as the tenancy continues.