VIANI v Montgomery
Tenant wins · Stratford · 2025-06-27
- Adjudicator
- Amanda Kovats
- Dispute
- Non-payment of Rent, Review Request
- Notice
- Non-payment of rent (N4)
- Landlord
- G.V., J.M.V.
- Tenant
- R.M., C.T.
What happened
The Landlords requested a review of an order that dismissed their application for termination and eviction. The original application for non-payment of rent was dismissed because the Landlords named Tenant 1 on the N4 notice and application, but the Board determined that Tenant 1 was actually a co-landlord representing a charity, and the actual occupant, Tenant 2, was the legal tenant. The Landlords argued that this finding was a serious error and that the application should not have been dismissed even if Tenant 2 was found to be the tenant.
The ruling
The request for review is denied. The original order issued on May 26, 2025, which dismissed the Landlord's application to terminate the tenancy, is confirmed. The Board stands by its decision that the notice of termination was invalid because it failed to name the correct tenant, Christopher Taylor.