Island Holdings Winchester v Gollogly and Blair

Split/Other wins · Kingston · 2021-02-25

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Island Holdings Winchester

Tenant

D.B., K.G.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Board issued an order terminating the tenancy and evicting the Tenants. The Tenants then filed a motion to void the order because they had paid the full amount required to void the order before it became enforceable.

The ruling

The motion to void order EAL-89335-20 is granted. The order is void and cannot be enforced by the Landlord. The amount of $3,445.97 paid into the Board by the Tenants shall be paid out to the Landlord.