Fernbrook Resort v Hewer

Tenant wins · Freelton · 2025-08-08

Adjudicator

Nersi Makki

Dispute

Non-payment of Rent, Review Of Order

Notice

Non-payment of rent (N4)

Landlord

F.R.

Tenant

T.E.O.P.B., C.H.

Landlord rep

Carrie Aylwin, Carrie Arnett

What happened

The Landlord applied to terminate the tenancy of a deceased tenant in a mobile home park due to rent arrears. A previous order was issued in the Landlord's favor following a hearing that the Tenant's side did not attend. The daughter of the deceased tenant (Potential Party) filed for a review, arguing she did not receive notice of the original hearing and that as an heir, she has standing to defend the estate's interest in the mobile home.

The ruling

The request to review the previous order is granted. The order issued on June 27, 2025, which terminated the tenancy and awarded arrears to the Landlord, is cancelled and cannot be enforced. A new hearing for the Landlord's original application will be scheduled by the Board to allow the Potential Party to represent the Estate.