Ofer v Jennings

Landlord wins · Keswick · 2025-12-04

Adjudicator

Amanda Kovats

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

R.G.O.

Tenant

M.J.

What happened

The Tenant filed a second request to review a motion order that denied setting aside an eviction order. The original eviction order was issued because the Tenant breached a conditional order from a previous non-payment of rent application. The Tenant argued that she had paid the arrears and that the Landlord had acted in bad faith regarding the Sheriff's enforcement. The Board examined whether exceptional circumstances existed to waive Rule 26.18, which prohibits multiple review requests of the same order.

The ruling

The Tenant's second request to review the order issued on September 5, 2025, is denied. The previous order remains in effect, confirming the eviction and the termination of the tenancy due to a breach of a conditional order. Paying the outstanding arrears did not void the order as it was not a voidable order under the Act.