Gharib v. Mohos

Landlord wins · 2020-03-24

Adjudicator

Kristjanson J.

Dispute

Breach of Conditions, Substantial Interference

Amount

<$5K

Landlord

S.M.

Tenant

M.R.G.

Landlord rep

Reshma Kishnani

What happened

The landlord applied to terminate the tenancy and evict the tenant for refusing to grant access to the rental unit. The Landlord and Tenant Board issued multiple orders, ultimately terminating the tenancy and ordering eviction. The tenant appealed to the Divisional Court but failed to perfect the appeal in time. The Court dismissed the tenant's motion to set aside the Registrar's dismissal of the appeal.

The ruling

The Court dismissed the tenant's motion to set aside the Registrar's dismissal of the appeal. The eviction order remains in force but cannot be enforced until the Province lifts the suspension on evictions due to the COVID-19 pandemic. The tenant must continue to pay rent until evicted or vacant possession is delivered. The tenant is ordered to pay $2,400 in costs to the landlord in monthly installments of $400 for six months.