Evictly

Belisa v Mackinnon

Landlord wins · Chatham · 2026-01-07

Adjudicator
Bryan Delorenzi
Dispute
Maintenance, Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
L.B.
Tenant
B.M., C.J.
Landlord rep
Jason Dudley

What happened

The Landlord initially applied for eviction due to non-payment of rent. An order was issued on October 1, 2025, terminating the tenancy. The Tenants requested a review, arguing that they were unable to raise maintenance issues and that the adjudicator failed to account for their rent deposit. Tenant 1 attended the review hearing, while Tenant 2 was absent due to a medical appointment. The Board denied an adjournment request for Tenant 2, finding insufficient evidence of her inability to participate and noting Tenant 1 was capable of representing both. On review, the Board found that maintenance issues had already been properly adjudicated. However, the Board acknowledged a calculation error regarding the last month's rent deposit and interest, leading to an amendment of the amount owed while upholding the eviction and termination.

The ruling

The request to review the original order is granted in part to correct a calculation error. The Tenants are ordered to pay the Landlord $19,561.42, which accounts for significant rent arrears and the application fee, minus a maintenance abatement and the last month's rent deposit with interest. The stay of the original eviction order is lifted immediately, confirming the termination of the tenancy.