Evictly

The Church of the Epiphany v Bonin

Tenant wins · London · 2025-03-25

Adjudicator
Fabio Quattrociocchi
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
T.C.O.T.E.
Tenant
J.B., L.B.
Landlord rep
Teresa Corrigan, Theresa Forrest
Tenant rep
Rebekah Ryersee

What happened

The Landlord applied to evict the Tenants for non-payment of rent. The Tenants argued they attempted to pay via post-dated cheques from their roommate, which the Landlord rejected, demanding cash as per the lease agreement. The Landlord admitted to rejecting the cheques but also to having accepted other payment forms and payments from occupants in the past. The Board found the Landlord acted in bad faith.

The ruling

The Landlord's application to terminate the tenancy is denied. The Board found the Landlord acted in bad faith by refusing a valid rent payment attempt from the Tenants' occupant. The Tenants are ordered to pay the Landlord rent arrears of $5,176.24, but the tenancy will continue. The Landlord's request for the application filing fee is also denied.