Victoria Park Community Homes v Marks

Tenant wins · Hamilton · 2023-12-12

Adjudicator

Fabio Quattrociocchi

Dispute

Breach of Conditions

Notice

None

Amount

<$5K

Landlord

Victoria Park Community Homes

Tenant

C.M.

Landlord rep

Karolina Pocrnick

What happened

The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant's failure to meet a condition specified in a previous order issued by the Board. The tenant filed a motion to set aside the ex-parte order.

The ruling

The motion to set aside the ex-parte order is granted. The tenant shall pay the landlord $3,233.00 for arrears of rent and costs owing to November 30, 2023 in accordance with a repayment plan. The tenant shall also pay new rent on time and in full as it comes due. If the tenant fails to make any one of the payments, the landlord may apply to the LTB to terminate the tenancy and evict the tenant.