Kainth v Brown

Landlord wins · Niagara Falls · 2025-09-17

Adjudicator

Candace Aboussafy

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

G.K.

Tenant

S.B.

Landlord rep

Karen Byfield

What happened

The Landlord applied to terminate the tenancy due to persistent late payment of rent. An initial order was issued in the Tenant's absence. The Tenant requested a review of that order, claiming she was unable to participate in the original hearing because she was distracted by a fractured finger and duties as a family surety.

The ruling

The Tenant's request for a review of the order dated August 28, 2025, is denied. The original order, which likely terminated the tenancy for persistent late payment, remains in full force and effect. The Adjudicator found that the Tenant's failure to attend the original hearing was due to a lack of diligence rather than a legitimate inability to participate.