Prasad v. Tan

Landlord wins · 2018-09-21

Adjudicator

C. Horkins J.

Dispute

Non-payment of Rent, Tenant Rights

Amount

$5-10K

Landlord

S.T.T.

Tenant

K.G.P., S.G.P.

What happened

Landlord applied to terminate tenancy and evict tenants for non-payment of rent. Tenants had filed a separate application alleging harassment and interference with reasonable enjoyment. The Landlord and Tenant Board dismissed the tenants' application and ordered their eviction for non-payment. Tenants appealed the eviction order to Divisional Court.

The ruling

The Divisional Court quashed the tenants' appeal of the Landlord and Tenant Board eviction order, finding it had no merit and was brought solely to delay eviction. The stay on the eviction order was lifted, allowing the landlord to regain possession of the rental unit. The tenants were ordered to pay $500 in costs to the landlord.