Fernbrook Resort v The Estate of Patricia Barkwill

Landlord wins · Freelton · 2025-09-26

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

F.R.

Tenant

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

Landlord rep

Keri Arnott, Elizabeth Povargo

What happened

The Landlord applied for an order to terminate the tenancy and evict the Estate of the deceased tenant and her daughter (Potential Party) for non-payment of rent. The original tenant passed away in 2022, but because the unit is in a mobile home park and was owned by the deceased, the tenancy did not automatically terminate under Section 91, but instead passed to the estate under Section 163. The Landlord sought arrears that had accumulated over several years.

The ruling

The LTB ordered the termination of the tenancy effective October 7, 2025. The Tenants (the Estate and the daughter) must pay $7,330.61 to the Landlord to cover arrears and filing fees. To void the eviction and continue the tenancy, the Tenants must pay $7,762.72 by September 30, 2025, or $8,242.11 by October 7, 2025. Failure to pay or vacate will result in enforcement by the Sheriff.