THIND v AL QASSAM

Split/Other wins · Stoney Creek · 2025-07-04

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

H.S.T.

Tenant

G.A.Q., Q.A.S.

What happened

The Landlord applied for termination of tenancy and eviction due to non-payment of rent. During the hearing, it was discovered that the N4 notice served was invalid because it did not provide the required 14-day notice period and listed a termination date prior to the date of service. The Landlord elected to proceed with an application for rent arrears only, rather than seeking termination based on the defective notice.

The ruling

The LTB found the Landlord's N4 notice to be invalid due to an incorrect termination date and insufficient notice period. Consequently, no eviction was ordered. However, the Landlord was granted an order for rent arrears totaling $17,686.00, including the filing fee, to be paid by the Tenants by July 15, 2025.