Nitoshan v Simpson

Landlord wins · Chatham · 2025-10-22

Adjudicator

Fabio Quattrociocchi

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

R.N.

Tenant

D.A.S.

What happened

The Tenant requested a review of an order dated October 3, 2025, which denied her motion to set aside an ex-parte eviction order. The eviction was triggered because the Tenant breached a repayment plan previously ordered by the Board. During the review request, the Tenant attempted to dispute the lawful rent and introduce new evidence regarding maintenance issues and a separate T6 application. This was the fourth proceeding between the parties regarding rent arrears, including several previous set-aside motions and consent repayment plans.

The ruling

The Tenant's request for a review of the order dated October 3, 2025, is denied. The Board found no serious error in the prior decision to lift the stay of eviction after the Tenant breached a repayment plan. The original eviction order remains in effect, with the stay previously extended to October 31, 2025.