Ahmed v Syed

Tenant wins · Milton · 2025-05-29

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions

Landlord

W.A., S.W.

Tenant

A.H.S., S.M.J.J.

What happened

The Landlords filed an application to terminate the tenancy because the Tenants breached a condition from a previous LTB order requiring timely rent payments. An ex parte eviction order was issued. The Tenants then filed a motion to set aside this eviction order, which was the subject of the hearing. The Tenants admitted to paying rent one hour and twenty-eight minutes late due to circumstances related to Ramadan and bank e-transfer limits.

The ruling

The Tenants' motion to set aside the eviction order (LTB-L-024347-25) is granted. The order, issued on March 27, 2025, is set aside and is now unenforceable. The tenancy is not terminated. The Board found that the Tenants' breach of a previous order, paying rent only one hour and twenty-eight minutes late, was too minor to justify eviction.