N8- Notice to End your Tenancy at the End of the Term
Transcript
Introduction
Welcome to Landlord’s Self-Help Centre’s module about the N8 Notice to End a Tenancy at the End of the Term. This notice is commonly used by landlords to deal with persistent late rental payments and this is the termination reason that will be focussed on in this learning module. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Important information
If the tenant has been paying rent persistently late throughout their tenancy, the N8 notice of termination can be served. Typically, you should be able to show the Landlord and Tenant Board that the tenant has been paying the rent late at least 7 or 8 times within a consecutive 12 month period.
Keep in mind that the Landlord and Tenant Board does not usually terminate a tenancy initially, instead it is likely that a payment plan will be ordered for your tenant which would require them to make payments by certain dates. If the tenant doesn’t follow the payment plan ordered by the Board, follow the instructions on your order to continue the termination process.
The L2 application to end a tenancy and evict a tenant can be filed with the Landlord and Tenant Board right after the N8 notice has been given to the tenant. It is important to note that the notice becomes void if the landlord does not apply to the Board within 30 days of the termination date on the notice.
Names & Address
When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent.
If your tenant uses a nickname, include both their legal name and their nickname.
If you have a joint tenancy (2 or more tenants together on one agreement) make sure to include all their names. The same applies with landlords, include full names of all landlords for a rental unit.
It is very important for the address of the rental unit to include the full address and specify exactly where the tenant is living, such as the main floor, basement, or unit number if there is one.
Termination Date & Reason 1
This module focuses on persistent late payments. When filling out the notice, make sure to shade in the box next to Reason 1.
When calculating the termination date, the day this notice is served to the tenant is considered day 0, the next day is day 1. However, the termination date must coincide with the end of a rent period or the end of a fixed-term, whichever is later.
In this example, there is a fixed-term tenancy until August 31, 2024 and although the notice is being served to the tenant in May, the earliest termination date must be August 31, 2024.
Details
Make sure to include all the necessary details of the tenant’s late payment history.
There is limited space in the details chart, so if you need more room to outline all the details, write SEE ATTACHED in the box and attach additional pages.
Example
It is not enough to put in the basic information with the intention of explaining it in more detail at the hearing. If this part of the N8 notice is not filled in with as much information and detail as possible, there is a good chance the application will be dismissed and you will have to start the process all over again.
Any additional pages you include with the N8 notice must be included with the copy you give to the tenant and the copy you submit to the Landlord and Tenant Board. It’s a good idea to also keep a copy for yourself.
Important Information from the Landlord and Tenant Board
The N8 notice includes instructions and important information for both the landlord and tenant. Make sure to read and understand the entire notice before providing it to your tenant.
Signature
If there are multiple landlords, only one of them needs to sign the notice. The date next to the signature is the date the notice will be given or sent to the tenant.
Review the notice to make sure there are no mistakes, that you understand what you are giving to the tenant, and keep a copy for yourself. If there are multiple tenants, make a photocopy for each.
Service Rules
Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules. Improper service will result in you having to start the process all over again.
The most common methods of service are delivery in person to the tenant, sliding it underneath the unit door, or putting it in the mailbox (as long as you do not require a key to access the mailbox).
Never post this notice on the unit door, or send it by text message, as these are not proper methods of service and will make the notice invalid.
Consent to Service by Email
Landlords and tenants can consent in writing to service by email. While it is not mandatory to use the Landlord and Tenant Board form, it is suggested that you document the agreement with your tenant using it in order to obtain all the required information.
You can also check off the box on page 2 of the Standard Form of Lease to document this agreement.
It is important to note that consent can be revoked at any time, by the landlord or tenant, as long as it is done in writing.
Next steps
If the tenant does not move out by the termination date or you want to try to save time, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant. This application can be filed right after the notice is provided to the tenant. It is important to continue with the L2 application to the Landlord and Tenant Board if you don’t think the tenant will move out on their own.
Conclusion
Thank you for watching this module about the N8 notice to terminate a tenancy for persistent late payment of rent. The information offered in this presentation is intended as general information, it is not legal advice. If you have a specific issue or situation, please contact a legal service provider.