Hossain v Haskell

Tenant wins · Merlin · 2025-10-06

Adjudicator

Sean Ramage

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

J.H.

Tenant

C.E.L.H., W.J.H.

Landlord rep

Eric Steiman

What happened

The Former Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. However, during the process, a mortgagee (Duca Financial Services Credit Union Ltd.) took possession of the property. The adjudicator had to determine if the Former Landlord still had the legal standing to pursue the eviction application after the property was transferred to the mortgagee.

The ruling

The application is dismissed. The applicant, identified as the Former Landlord, no longer has the legal standing to seek eviction or rent arrears because the mortgagee took possession of the residential complex. According to the Mortgages Act, the mortgagee is the current landlord, and there was no evidence that the Former Landlord was authorized to act on the mortgagee's behalf.