Janet Yates v Andrew Harvey

Landlord wins · St Thomas · 2023-05-29

Adjudicator

Alicia Johnson

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial Interference (N5)

Amount

$5-10K

Landlord

J.Y.

Tenant

A.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Landlord served a valid N4 Notice and the Tenant did not void the notice by paying the arrears. The Landlord also filed an N5 notice for substantial interference, but this became moot as the Tenant had already vacated the unit. The Landlord also claimed compensation for unpaid utility costs.

The ruling

The tenancy is terminated effective March 31, 2023, the date the Tenant vacated the rental unit. The Tenant is ordered to pay the Landlord $7,838.76, which includes rent arrears up to the move-out date, the application filing fee, and the unpaid utility costs.