Enterprise REIT Operating LP v Moseley
Split/Other wins · Hamilton · 2025-08-11
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Non-payment of Rent, Review Of Order
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- Enterprise REIT Operating LP
- Tenant
- M.M., R.H.
- Landlord rep
- Debbesha Morris, Claire Lupinsky
- Tenant rep
- Desislava Yordanova
What happened
The Landlord applied for termination and eviction based on rent arrears. A previous order was issued but one named individual requested a review, claiming he was a guarantor and not a tenant. The review also identified serious calculation errors in the original order regarding rent increases and payments made after filing.
The ruling
The Board granted the review request, cancelled the previous order, and removed Tenant 2 from the proceedings after determining he was a guarantor rather than a tenant. The tenancy for Tenant 1 was terminated effective May 31, 2024. Tenant 1 is ordered to pay $6,840.27 to the Landlord, which accounts for arrears, the filing fee, and credits for payments made and the rent deposit with interest.