Scarborough Heights Cooperative Homes v Khan

Tenant wins · Scarborough · 2025-04-11

Adjudicator

Kate Sinipostolova

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Breach of a payment plan (L4)

Amount

<$5K

Landlord

Scarborough Heights Cooperative Homes

Tenant

N.K.

Landlord rep

Francisco Gomez

What happened

The Landlord (a co-op) obtained an eviction order after the Tenant (a co-op member) breached a previous payment plan. The Tenant filed a motion to set aside this eviction order. The Tenant, a single mother of three, explained her default was due to an unexpected halt in social assistance payments and a postal strike, and she had since made substantial payments. The Board Member granted the motion, set aside the eviction order, and established a new payment plan for the remaining arrears, finding it would not be unfair to the Landlord.

The ruling

The Tenant's motion to set aside an eviction order (LTB-C-007540-25) is granted. The eviction order is voided. A previous payment order is cancelled and replaced with a new one. The Tenant must pay arrears of $2,453.00 in installments from April 20, 2025, to August 20, 2025, and pay her ongoing monthly housing charges on time. If she fails to meet these conditions, the Landlord can apply for an eviction order without a hearing.