Executive Properties Inc. v Agot

Split/Other wins · Hamilton · 2022-02-08

Adjudicator

Jitewa Edu

Dispute

Breach of Conditions

Landlord

Executive Properties Inc.

Tenant

D.A., A.A.

Landlord rep

C. Aylwin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to meet a condition specified in a previous order. The Tenants filed a motion to set aside the eviction order.

The ruling

The motion to set aside Order SOL-25611-21, issued on November 26, 2021, is granted. The order cannot be enforced by the Landlord. The Tenant shall pay the utility bill for the month of January 2022 on January 31, 2022. For a one-year period starting February 2022 and continuing to January 2023, on receipt of the utility bill from the Landlord, the Tenant shall pay the utility bills on or before the 15th day of each month. If the Tenant fails to meet any of the conditions, the Landlord may apply under section 78 of the Act for an order terminating the tenancy and evicting the Tenant.