Evictly

Arora v Power

Landlord wins · Guelph · 2025-11-07

Adjudicator
Karen Gonçalves
Dispute
Non-payment of Rent, Persistent Late Payment
Notice
Persistent late payment (N8), Non-payment of rent (N4)
Landlord
R.A.
Tenant
A.P.
Landlord rep
Elizabeth Anani

What happened

The Landlord applied to terminate the tenancy based on persistent late payment of rent. An original order for eviction was issued after the Tenant failed to attend the initial hearing. The Tenant requested a review of the order, claiming they never received the Notice of Hearing and were unable to participate. The adjudicator examined evidence of email and mail service to determine if the Tenant was reasonably able to participate.

The ruling

The Tenant's request for a review of the eviction order is denied as the Tenant failed to prove they were unable to participate in the original hearing. The adjudicator found the Tenant was properly served with the Notice of Hearing via email and mail. However, based on the Landlord's consent, the stay of the original eviction order is lifted on January 31, 2026, allowing the Tenant extra time to find new housing and avoid displacement during the holiday season.