Tian v Willcocks

Split/Other wins · Whitby · 2023-08-03

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

H.T.

Tenant

C.A.B.C.W., S.T.

Landlord rep

Julie Jing Zhu

Tenant rep

Chuck Bertram

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants pay $1,000 per month from August 2023 to June 2024, and the remaining $386 by July 2024. The Tenants must also pay the monthly rent in full by the 7th of each month during this period. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.