Rahman v McKeown & Miller — LTB Arrears Order After Defective N4 Notice (2026 ONLTB 6703)

Eviction application dismissed due to defective N4 notice (improper email service).
Arrears order of $36,000.00 granted in favour of the Landlord for unpaid rent from May 2025 to January 31, 2026.
If not paid by February 2, 2026, simple interest accrues at 4.00% annually on the outstanding balance from February 3, 2026.

Landlord applied to evict tenants for non-payment of rent totalling $36,000 (May 2025–January 2026) at $4,000/month.
Tenant argued the N4 was improperly served via an infrequently used email address and that the unit was uninhabitable due to a septic leak shortly after move-in.
Landlord could not prove written consent to email service or that the email came to the tenant's attention on September 15, 2025.

N4 notice was defective: served by email without written tenant consent and without proof the contents reached the tenant; tenant only became aware on October 10, 2025 — the same day the L1 was filed.
Because the N4 was defective, the Landlord could not seek eviction; the termination application was dismissed.
Board granted the Landlord's alternative request under s.87(1) RTA for an order requiring tenants to pay $36,000.00 in rent arrears to January 31, 2026.
Tenant's uninhabitability/septic leak issues were not considered as no s.82 notice was filed; tenant is not barred from filing a separate application.
Last month rent deposit dispute was not resolved as no termination was ordered; LMR deposit can only be applied upon termination.
No costs awarded as Landlord received a fee waiver.

Landlord served N4 notice by email to an address the tenant did not regularly use, without written consent for email service or proof of receipt.
The N4 was found defective because the tenant only became aware of it on the day the L1 application was filed, denying her the 14-day window to void the notice.
Eviction was denied; however, the Board consented to the Landlord's request for an arrears-only order under s.87(1) of the RTA.
Tenants owe $36,000.00 in unpaid rent from May 2025 to January 2026 at $4,000/month.
Tenant's claim of uninhabitable conditions (septic leak) was not considered as no s.82 issues were filed; tenant may still file a separate T application.