Brothers v Smith

Tenant wins · Strathroy · 2025-11-13

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

J.B.

Tenant

K.S., S.S.

Landlord rep

David Price

What happened

The Landlord obtained an ex parte eviction order (issued without a hearing) alleging that the Tenants breached a previous LTB consent order by failing to pay rent on time in September 2025 and failing to pay arrears. The Tenant filed a motion to set aside this eviction order, arguing that the previous order had been satisfied in full by the end of June 2025. The Adjudicator reviewed banking records and found the Landlord's ledger was inaccurate, concluding the Tenants had indeed satisfied the arrears months prior, which nullified the ongoing requirement to pay rent on time under that specific order.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on October 1, 2025. The Board found that the Tenant had already satisfied the conditions of the previous consent order by June 2025. As the arrears were fully paid, the Landlord's application to terminate the tenancy based on a subsequent alleged breach was invalid. The previous order is declared of no force or effect.