Salib v Small

Landlord wins · Brampton · 2025-09-22

Adjudicator

Candace Aboussafy

Dispute

Maintenance, Non-payment of Rent, Review Request

Landlord

M.S., G.B.

Tenant

L.P.S.

What happened

The Tenant requested a review of an order terminating the tenancy for non-payment of rent. The Tenant argued that the presiding Member erred by not allowing evidence regarding maintenance issues (Section 82) and by incorrectly calculating arrears. The Tenant claimed the unit was uninhabitable at the start of the lease, forcing her into an Airbnb and justifying a later rent commencement date. The review was conducted preliminarily without a hearing.

The ruling

The request for review is denied. The original order (LTB-L-050428-25) dated September 11, 2025, which terminated the tenancy and ordered eviction for non-payment of rent, remains in full force. The Tenant's failure to follow procedural rules for disclosing maintenance issues prevented those issues from being considered as a defense against arrears.