Moreno v Neave and Taylor

Tenant wins · Barrie · 2020-09-18

Adjudicator

Troy Rossignol

Dispute

Breach of Conditions

Notice

None

Landlord

J.M.

Tenant

C.S.N., M.R.T.

Landlord rep

Howard Tavroges

Tenant rep

Donald Camerson

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants failed to meet a condition specified in the mediated settlement issued by the Board on September 26, 2019 with respect to application CEL-87845-19.

The ruling

The motion to set aside ex-parte Order CEL-95486-20 issued on August 19, 2020 is granted. Order CEL-95486-20, issued on August 19, 2020 is cancelled and replaced with this order. The Tenants shall pay the Landlord the full monthly rent on or before the first day of each consecutive month for a twelve (12) month period commencing October 01, 2020 through to and including September 01, 2021. In the event that the Tenants fail to make any of the above said payments in full and on time, the entire balance of the amount set out in this Order shall become due and payable forthwith under this Order. The Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenants, for an order terminating the tenancy and evicting the Tenant and for any arrears that have become due after the date of this Order, pursuant to Section 78 of the Residential Tenancies Act, 2006.