Demelo v Brown
Landlord wins · London · 2025-11-20
- Adjudicator
- Jane Dean
- Dispute
- Breach of Conditions, Non-payment of Rent
- Landlord
- J.D.
- Tenant
- S.B., L.B.
What happened
The Landlord applied to terminate the tenancy under section 78 after the Tenants breached a mediated settlement order dated July 2, 2025. The Tenants failed to make a scheduled $300 payment and missed full rent for September. The Tenants filed a motion to set aside the resulting eviction order. Tenant 1 claimed the missed payments were due to costs associated with a cockroach infestation, while Tenant 2 (the mother of Tenant 1) admitted to preventing the Landlord from accessing the unit for maintenance. The Landlord argued he was facing imminent financial hardship.
The ruling
The Tenants' motion to set aside the eviction order was denied. The LTB found that the Tenants breached the mediated settlement and that it would be unfair to the Landlord to allow the tenancy to continue, especially as the Tenants refused access for maintenance. The stay of the eviction order is lifted effective November 30, 2025, to allow the family time to relocate.