Toronto Community Housing Corporation v Tafesse

Tenant wins · Toronto · 2021-07-26

Adjudicator

Randy Aulbrook

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

T.C.H.C.

Tenant

H.T.

Landlord rep

Rahel Abera

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay rent as per the terms of a previous mediated settlement. The Tenant filed a motion to set aside the order granted in favor of the Landlord, arguing that the Tenant's Rent-Geared-to-Income (RGI) review process was not yet complete.

The ruling

The Tenant's motion to set aside the previous order was granted. The Landlord may file a new L4 application once the Tenant's RGI review process is complete and a proper unit RGI amount is determined, and if the parties are unable to resolve any outstanding rent arrears.