Equiton Residential Income fund LP v Smith

Split/Other wins · York · 2025-10-28

Adjudicator

Nancy Morris

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Equiton Residential Income fund LP

Tenant

T.S.

Landlord rep

L. Sansal

What happened

The Landlord applied for an order to terminate the tenancy because the Tenant failed to meet conditions specified in a prior order from July 2025. An ex parte order was issued in September 2025. The Tenant subsequently filed a motion to set aside that order. During the motion hearing, the parties reached a consent agreement to maintain the original order while extending the stay of eviction.

The ruling

The Tenant's motion to set aside the eviction order issued on September 11, 2025, was denied based on a consent agreement between the parties. The original order remains in effect, meaning the tenancy is terminated; however, the stay of the order is lifted on November 30, 2025, providing the Tenant with additional time before eviction can be enforced.