traikos v Levite
Tenant wins · Barrie · 2025-04-15
- Adjudicator
- Nancy Morris
- Dispute
- Landlord Error In Procedure, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- D.T.
- Tenant
- M.L.
What happened
The Landlord's application to evict the Tenant for non-payment of rent, which was previously granted, was subject to a Board-initiated review. The review found a serious error in the original order: the Landlord had served the N4 notice improperly, giving only one day's notice before the termination date, and filed the application with the Board prematurely. These actions contravened the Residential Tenancies Act, 2006, making the original eviction order legally invalid.
The ruling
The Board granted its own initiated review. The previous eviction order (LTB-L-055984-24) and the related interim order are cancelled. They are replaced with a new order dismissing the Landlord's application entirely due to fatal procedural errors made by the Landlord.