Tompkins v Mcnicoll

Landlord wins · Kitchener · 2024-09-20

Adjudicator

Sheena Brar

Dispute

Persistent Late Payment, Serious Impairment of Safety

Notice

Persistent late payment (N8), Serious impairment of safety (N7)

Amount

>$20K

Landlord

A.T.

Tenant

C.M.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent and serious impairment of safety. The Tenant requested a review of the initial order, which was granted. The review hearing was held, and the Landlord's claim for persistent late payment was proven, but the claim for serious impairment of safety was dismissed.

The ruling

The Landlord's claim for persistent late payment of rent was proven, and the tenancy is terminated effective September 30, 2024. The Landlord's claim for serious impairment of safety was dismissed due to lack of evidence. The Tenant owes the Landlord $24,342.79, less any rent already paid, which must be paid by September 30, 2024. If not paid, the Tenant will owe interest at 7% annually starting October 1, 2024.