Masih v Owen

Landlord wins · Hamilton · 2025-06-30

Adjudicator

Fabio Quattrociocchi

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$5-10K

Landlord

J.M.

Tenant

L.O.

Landlord rep

Mike Andrews

What happened

The Landlord applied for an order to terminate the tenancy because the Tenant breached a mediated settlement from a previous application. An ex-parte order was issued terminating the tenancy. The Tenant then filed a motion to set aside this ex-parte order. The motion was heard and ultimately denied.

The ruling

The Tenant's motion to set aside a prior ex-parte eviction order is denied. The original order was issued after the Tenant breached a mediated settlement payment plan. The adjudicator found the Tenant's excuses for non-payment were not credible. Given the rising arrears and the Tenant's declaration that he would not pay any more rent, the stay on the original eviction order was lifted immediately, allowing the eviction to proceed.