Koshy v Foster

Tenant wins · Peterborough · 2025-07-02

Adjudicator

Joshua Labbe

Dispute

Non-payment of Rent

Landlord

R.K.

Tenant

J.F., C.M.

What happened

The Landlord applied for an order (L10 application) for rent and daily compensation from the Former Tenants. However, the Landlord failed to serve the application and notice of hearing to the Former Tenants as required by the Board's rules. This was the third time the matter was before the Board, and previous adjournments had been granted for the same reason. The last adjournment was marked peremptory on the Landlord.

The ruling

The Landlord's application for rent and compensation from the former tenants is dismissed because the Landlord failed to serve the tenants with the application and notice of hearing despite multiple opportunities and a peremptory order.