Dunbar v Melo

Landlord wins · Hamilton · 2025-05-29

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

C.D.

Tenant

C.M.

What happened

The Tenant requested a review of an eviction order for non-payment of rent. The Tenant's grounds for review were that the Board made a serious error in law by including utility charges as part of rent on the N4 notice, breached procedural fairness by accepting late evidence from the Landlord but not the Tenant, and that new evidence was available. The Board conducted a preliminary review without a hearing and denied the request, finding no serious error in the original order and confirming the decision.

The ruling

The Tenant's request to review the eviction order LTB-L-105376-24 is denied. The Board confirmed the original order, finding no serious error. The determination that a fixed utility charge included in the monthly rent is valid for an N4 notice was upheld. The Board also found no breach of procedural fairness. The original order remains unchanged.