BUDNARAIN v NAKASHIDZE

Landlord wins · YORK · 2025-05-06

Adjudicator

Vicky Liu

Dispute

Non-payment of Rent, Request To Review

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

G.B.

Tenant

I.N.

Landlord rep

Janet van Oordt

Tenant rep

George Berger

What happened

The Landlord filed an L1 application for non-payment of rent. An order was issued in February 2025 after the Tenant failed to attend the hearing. The Tenant filed a request to review the order, claiming they never received the Notice of Hearing due to issues with mail delivery. The Board granted the review, cancelled the original order, and held a new hearing on the matter. The Tenant's request to raise maintenance issues under section 82 was denied due to late disclosure. Ultimately, the Board terminated the tenancy for non-payment of substantial rent arrears.

The ruling

The Tenant's request to review a previous eviction order is granted because they were not reasonably able to participate in the original hearing. The original order is cancelled. In the new hearing, the tenancy is terminated for non-payment of rent. The Tenant can void the termination by paying $19,386.00 by May 17, 2025. If not paid, the Tenant must vacate by May 17, 2025, and pay the Landlord $17,853.90 plus daily compensation from April 23, 2025. The Tenant's request to raise maintenance issues was denied due to late disclosure.