Evictly

Jackman v Herbert

Landlord wins · Scarborough · 2025-08-25

Adjudicator
Greg Witt
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
B.J.
Tenant
M.H.
Landlord rep
Howard Tavroges

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to significant rent arrears exceeding the Board's monetary jurisdiction. The Tenant requested an adjournment to seek legal counsel and attempted to raise Section 82 issues without proper disclosure. The Tenant claimed financial hardship due to an employer dispute and a medical condition, requesting a delay in eviction.

The ruling

The tenancy is terminated effective September 5, 2025, unless the Tenant voids the order by paying the adjusted jurisdictional amount or the full arrears. The Tenant is ordered to pay the Landlord $30,205.11 for rent arrears up to the hearing date and filing costs, after deducting the rent deposit and interest. Daily compensation of $52.60 is required starting from October 19, 2024.