Noori v Lakatos

Tenant wins

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

S.H.P.

Tenant

Y.O.W.

Landlord rep

J. M.

Tenant rep

J. D.

What happened

The Landlord applied to terminate the tenancy for non-payment of rent. A consent order with a repayment plan was issued, which the Tenant breached. The Landlord then applied to terminate the tenancy. The Board granted the eviction, but the Tenant filed a motion to set aside the order. The Board denied the motion, leading to this review of the decision.

The ruling

The Board cancels the previous order denying the set-aside motion and sets aside the eviction order. The Landlord is ordered to reinstate the tenancy immediately and give the Tenant possession of the rental unit. The Tenant's arrears are suspended until the Landlord complies with the order. Upon regaining possession, the Tenant must pay the outstanding arrears by December 31, 2015.