Petheriotis v Barber

Tenant wins · Uxbridge · 2025-05-15

Adjudicator

Benjamin Seigel

Dispute

Damage to Property

Notice

Damages (N5)

Landlord

E.O.A.T.N.P.

Tenant

J.B., K.S.

Landlord rep

Kostas Petheriotis

What happened

The Landlord applied to terminate the tenancy and for compensation for damages allegedly caused by the Tenants. However, the LTB records indicated the application was filed more than 30 days after the termination date on the N5 notice. During the hearing, the Landlord's Agent claimed the LTB had lost an earlier filing from September 2024 but failed to provide proof of payment or filing for that period. Following a confrontational exchange with the Adjudicator, the Landlord's Agent disconnected from the hearing.

The ruling

The Landlord's application to terminate the tenancy and for damages is dismissed. The application was found to have been abandoned after the Landlord's Agent became agitated, yelled at the Adjudicator, and intentionally disconnected from the videoconference hearing after failing to provide proof that the application was filed within the statutory 30-day window.