Landlord's Eviction Application Dismissed Due to Defective N4 Notice: Centurion Property Associates Inc v Gosal 2021
Landlord's eviction application dismissed due to defective N4 notice listing non-tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 75 Ann Street, Kitchener, ON N6A1R1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jul 2021
Order Date
Aug 17, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was not present at the hearing.
Determinations
- Landlord served an N4 Notice dated 2021-01-12
- N4 Notice listed non-Tenant 'Sukhwinder Gosal'
- Notices must comply with RTA requirements
- Defective N4 Notice cannot support eviction order
Case Study
The N4 notice was defective because it listed third parties who were not Tenants, creating confusion about who should respond to the notice and who is responsible for paying the rent. As a result, the Board cannot issue an eviction order without a valid notice of termination.
Arguments and Actions
Landlord
Procedural Errors
Landlord listed non-Tenant 'Sukhwinder Gosal' on N4 notice, creating defect
Decision Summary
The Landlord's application is dismissed because the N4 notice of termination was defective by listing non-Tenants, creating confusion about who should respond and who is responsible for paying rent.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
95.8%
Tenant Favorable
4.2%
Mutual Agreement
0.0%
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