Berry v Berry

Landlord wins · Hamilton · 2025-11-21

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

S.B.

Tenant

S.B.

Landlord rep

Not Specified

What happened

The Landlord applied to terminate the tenancy (L4 application) alleging the Tenant breached conditions of a previous Board order. After an eviction order was issued without a hearing, the Tenant filed a motion to set it aside but failed to attend the hearing. The Tenant then requested a review of the resulting order and obtained a stay. However, the Tenant again failed to attend the review hearing.

The ruling

The Tenant's request for a review of the previous order was denied because the Tenant failed to attend the hearing. The Board found the review had been abandoned. As a result, the stay of the eviction order issued on June 13, 2025, is lifted immediately, allowing the Landlord to proceed with eviction.