Grzech v Dickson

Tenant wins · Hamilton · 2020-11-23

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

P.G., B.B.

Tenant

M.D.

Landlord rep

K. Thompson

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Prior to the hearing, the parties had reached an agreement under Section 206 of the Residential Tenancies Act, 2006, regarding the rent arrears and a payment plan. However, the Tenant was not present at the hearing, and the Landlord wished to proceed with the application despite the agreement.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant was dismissed, as the Tenant had not been properly notified that the hearing was proceeding despite the previous agreement between the parties.