Wolfson v Okundia
Tenant wins · York · 2025-09-02
- Adjudicator
- Robert Patchett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- T.W.
- Tenant
- D.O., M.J.A.
What happened
The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. The hearing was held in the absence of the Tenants. However, the Landlord failed to prove that the N4 notice was served correctly according to LTB rules, as it was sent via email without explicit consent in the lease agreement.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The Landlord failed to demonstrate that the N4 notice was served in accordance with the LTB Rules, specifically failing to provide evidence of consent for email service within the lease agreement.