Gosal v Van Alphen

Landlord wins · Fergus · 2025-12-09

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.P.G.

Tenant

M.V.A., M.M.

Landlord rep

Samila Waslat

What happened

The Landlord applied for an order to terminate the tenancy under Section 78 after the Tenants breached a previous consent order (LTB-L-041654-25) dated August 19, 2025. The Tenants failed to make scheduled rent and arrears payments. An ex-parte order was issued, which the Tenants then moved to set aside, citing banking issues and the presence of children in the home.

The ruling

The Tenants' motion to set aside the eviction order was denied. The member found that the Tenants breached the previous repayment plan and intentionally withheld rent thereafter. Due to the high arrears ($23,936.00) and the lack of financial capacity to catch up, the stay on the eviction order was lifted effective December 18, 2025, providing a brief delay due to the presence of children in the unit.