Japra v Smith

Landlord wins · London · 2025-10-10

Adjudicator

Karen Gonçalves

Dispute

Damage to Property, Review Order

Landlord

H.J., S.J.

Tenant

B.S., T.P.

Landlord rep

Jorge Steinmetz

What happened

The Tenants requested a review of an order dated August 20, 2025, which required them to pay for repairs due to undue damage. The Tenants claimed they were unable to participate in the original hearing on May 7, 2025, because they did not receive the Notice of Hearing in the package served by the Landlord's representative. The Landlords argued that the notice was served and that the Tenants failed to exercise due diligence by not checking the online portal despite knowing an application was pending since June 2024.

The ruling

The request to review order LTB-L-047880-24 is denied. The Board found that the Tenants' failure to attend the original hearing was due to a lack of due diligence in checking the LTB portal. Consequently, the original order requiring the Tenants to pay for damages remains in effect, and the stay of that order is lifted immediately.