Welwyn Interests Inc. v Devenish
Tenant wins · Burlington · 2025-04-11
- Adjudicator
- Dawn Carr
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- Welwyn Interests Inc.
- Tenant
- P.D., L.H.
What happened
The Landlord filed an application to terminate the tenancy and evict the Tenants for non-payment of rent. However, the application was dismissed because the Tenants were not in possession of the rental unit when the application was filed, a requirement for this type of application. A previous Board order had already confirmed that the Tenants had moved out on or before April 30, 2023.
The ruling
The Landlord's application is dismissed. This decision was made because the Tenants had already vacated the rental unit before the Landlord issued the N4 notice and filed the L1 application. For an L1 application to proceed, the tenants must be in possession of the unit.