Kumar v Sambey

Tenant wins · Pembroke · 2024-03-22

Adjudicator

Mark Melchers

Dispute

Breach of Conditions

Landlord

K.D.K.

Tenant

S.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order. The Tenant brought a motion to set aside the ex parte eviction order, which was granted by the Member on the basis that the Landlord was in serious breach of his maintenance obligations.

The ruling

The request to review the order setting aside the ex parte eviction order is denied. The Member's reasons were adequate, as he found the Landlord was in serious breach of his maintenance obligations, which required refusing the eviction under s. 83(3)(a) of the Act.