Dehane v Smith -Assaly

Landlord wins · Nepean · 2025-04-07

Adjudicator

Susan Priest

Dispute

Non-payment of Rent, Procedural Fairness, Request For Review

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.D.

Tenant

T.S., L.S.

Landlord rep

Elaine Page

What happened

The Landlord filed an application for non-payment of rent, which was resolved by an order on January 20, 2025. The Tenants requested a review of that order on January 31, 2025, alleging they were not able to participate fully in the original hearing. They claimed technical issues prevented them from uploading evidence and that not all their issues were addressed, despite agreeing to a $5,600 credit. This review hearing was held to determine if there was a serious error or if the Tenants were denied procedural fairness.

The ruling

The Tenants' request to review the original order is denied. The original order is confirmed and remains unchanged. The interim order staying the original order is cancelled, and the stay is lifted immediately. The Tenants were found to have been able to participate reasonably in the original hearing and had agreed to the terms of the order. To void the eviction, the Tenants must now pay the Landlord the full arrears of $28,186.00.