AINSLIE HOLDING CORP v MARCHISIO

Tenant wins · Cambridge · 2025-04-10

Adjudicator

Richard Ferriss

Dispute

Breach of Conditions

Landlord

AINSLIE HOLDING CORP

Tenant

A.M.

What happened

The Landlord requested a review of a previous order (LTB-L-025654-25) that dismissed their application. The Landlord's application was filed because they believed the Tenant breached a condition from a prior consent order (LTB-L-051552-24) by failing to pay rent on time. The Board denied the request for review, confirming the original decision. The Board reasoned that a section 78 application (for breach of condition) is only valid if there are outstanding arrears from the original order. Once the arrears are paid off, any subsequent late payment of rent constitutes a new issue requiring a new application, not an enforcement of the old order's conditions.

The ruling

The Landlord's request to review the order from April 4, 2025, is denied. The original order, which dismissed the Landlord's application, is confirmed and remains unchanged. The Board found no serious error in the original decision.