K.Y.C v H.B

Split/Other wins · 2015-08-04

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

K.

Tenant

H.

Landlord rep

D.C

Tenant rep

C.M

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet a condition specified in a previous order. The parties had previously consented to an order requiring the Tenant to pay rent on time, and the Landlord filed this application after the Tenant failed to pay rent on July 1, 2015.

The ruling

The Board set aside the previous eviction order, finding that both the Landlord and Tenant failed to communicate effectively and let their emotions cloud their judgment. The Board determined that it would not be unfair to set aside the eviction order and gave the parties another chance to live up to the spirit and intent of the previous consent order.