Hughson Apartment Joint Venture o/a Valery Properties v Dissanayake

Landlord wins · Hamilton · 2025-12-08

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Hughson Apartment Joint Venture o/a Valery Properties

Tenant

P.D.

Landlord rep

Tina Novak

What happened

The Landlord applied for an order to terminate the tenancy because the Tenant breached a condition of a mediated settlement reached on July 24, 2025. An eviction order was initially issued without a hearing under Section 78. The Tenant filed a motion to set aside that order, claiming she could not pay rent because an expected job fell through and her savings were depleted. The Tenant requested a new payment plan starting January 2026, which the Landlord opposed.

The ruling

The Tenant's motion to set aside the eviction order is denied. The stay of the previous order (LTB-L-079742-25) is lifted immediately. The adjudicator found that the Tenant breached the mediated payment plan almost immediately and provided no evidence of future ability to pay, making it prejudicial to the Landlord to continue the stay.