Dadiala v Babcock and Badour

Split/Other wins · Kingston · 2021-12-17

Adjudicator

Alex Brkic

Dispute

Tenant-initiated Termination

Landlord

P.D.

Tenant

A.B., P.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to Tenants giving notice to terminate the tenancy. The application was resolved by an ex parte order, which the Tenants later filed a motion to set aside. The Set Aside Order was then reviewed by the Board.

The ruling

The Board denied the request to review the Set Aside Order, finding that the evidence supported the conclusion that the parties had reached an agreement to terminate the tenancy on July 31, 2021, and that the Board had jurisdiction to issue the ex parte order.