EURO PROPERTIES INC. v FOWLER

Landlord wins · London · 2025-07-03

Adjudicator

Jane Dean

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

EURO PROPERTIES INC.

Tenant

C.F., M.C.

Landlord rep

Tomas Soural

What happened

The Landlord applied for eviction and termination of the tenancy due to non-payment of rent. The Tenants argued that a previous application on the same issue had been dismissed and raised maintenance concerns (s.82 issues) regarding the property's condition, including water leaks and electrical panel issues. The Board determined that the Landlord could refile after a previous dismissal for abandonment and found that the maintenance issues did not reach the legal threshold of a 'serious breach' to warrant mandatory relief from eviction, particularly as Tenants blocked access for repairs and failed to serve evidence in advance.

The ruling

The tenancy is terminated effective July 31, 2025, unless the Tenants pay $13,676.25 to void the order. If the order is not voided, the Tenants must move out and pay the Landlord $10,794.35, which includes rent arrears up to the hearing date and the filing fee, minus the deposit and interest. Daily compensation of $48.36 applies for each day the Tenants remain in the unit after July 3, 2025.