Landlord Wins Breach of Conditions Case: 20 Hillisborough Holdings Ltd. v Barlow 2024
London tenant evicted for breaching repayment plan, owes landlord $11050
Summarized by RentZenLast updated: October 13, 2024
Case Summary
17 Hillsborough Rd, London, ON N6J2E8
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Oct 2023
Hearing Date
Feb 2024
Order Date
Mar 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order, which was denied.
Determinations
- Tenant did not receive notice of hearing for motion to set aside
- Tenant breached prior repayment plan order
- Tenant owes $11,050.48 to Landlord
- Tenant's current income insufficient to comply with repayment plan
- Setting aside order would result in further breaches
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed the Tenant's motion and argued that the tenancy is not viable given the Tenant's current income and inability to comply with the repayment plan order.
Tenant
Arguments
Tenant argued that he was not reasonably able to participate in the prior hearing because he did not receive notice of the hearing.
Actions
Tenant stated that when he received the prior repayment plan order, he panicked and assumed he was being evicted, and as such, withheld funds to pay for a storage locker and/or new rental unit.
Decision Summary
The Tenant's request for review of the order dismissing his motion to set aside the ex-parte order terminating the tenancy was granted. However, the motion to set aside the ex-parte order was denied, as the Tenant had breached the prior repayment plan order multiple times and his current income was insufficient to comply with the repayment plan.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Rent Arrears
$11,050
Total Owing
$11,050 (Owed to Landlord)
Source
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