Workman v Gill

Tenant wins · Simcoe · 2025-06-18

Adjudicator

Panagiotis Peter Roupas

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

K.W., N.B.

Tenant

R.G., E.W.

Tenant rep

Mark Haskett

What happened

The Landlords applied to evict the Tenants for persistent late payment of rent, based on an N8 notice citing four late payments from September to December 2024. The Tenants, represented by an agent, argued that four instances do not constitute a 'persistent' pattern. The Tenants had since set up automatic payments and were current with rent at the time of the hearing.

The ruling

The Landlords' application to terminate the tenancy is dismissed. The adjudicator found the N8 notice for persistent late payment to be defective, as four instances of late payment were deemed insufficient to constitute a 'persistent' pattern under the Residential Tenancies Act.