Patterson v Ferris

Landlord wins · Little Britain · 2025-09-23

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

L.P.

Tenant

T.F.

Landlord rep

Jennifer Drago

What happened

The Landlord originally obtained an ex parte eviction order after the Tenant breached a previous LTB consent order regarding rent arrears. The Tenant filed a motion to set aside the eviction, claiming a verbal agreement to delay rent and that he used his new income for car repairs instead of paying the Landlord. The Board determined that the Tenant breached the payment conditions and that setting aside the eviction would be unfair to the Landlord.

The ruling

The Tenant's motion to set aside the eviction order (issued August 12, 2025) is denied. The stay of eviction is lifted immediately, allowing the Landlord to proceed with the Sheriff to regain possession of the unit. The Board found the Tenant prioritized personal expenses over rent and that the arrears were worsening.