Harrichand v Trivedi

Landlord wins · Scarborough · 2025-08-08

Adjudicator

Dawn Carr

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

N.H.

Tenant

R.K.T., N.V.

Landlord rep

Agatha Small, Joe Persuad

What happened

The Landlord originally applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent. An order was issued on January 24, 2025. Tenant 1 subsequently requested a review of that order, claiming he was unable to attend the original hearing in December 2024 due to medical complications involving his wife and his responsibilities as a primary caregiver. The Tenant admitted to missing the notice of hearing, describing it as 'his bad'. The Landlord challenged the Tenant's claim of diligence, noting the medical event occurred months before the hearing and that the Tenant had family support during that period.

The ruling

The Tenant's request to review the original eviction and payment order was denied. The Board found that the Tenant's failure to attend the initial hearing was due to a lack of diligence rather than a reasonable inability to participate. As the Tenants have already vacated the property, the previous stay on the order was lifted immediately, and the original decision remains in effect.