Husain v Ahsan

Tenant wins · Mississauga · 2025-05-29

Adjudicator

Laura Hartslief

Dispute

Breach of Conditions

Landlord

I.H.

Tenant

C.R.A.

Landlord rep

Kelly Hawkes

What happened

The Landlord applied for an order to evict the Tenant for breaching a previous consent order from August 15, 2024. The breach involved the Tenant's failure to pay utilities of $554.72 and rent of $2,500.00 on time. An ex-parte eviction order was issued on March 3, 2025. The Tenant subsequently filed a motion to set aside this eviction order, which was the subject of the hearing.

The ruling

The Tenant's motion to set aside the eviction order from March 3, 2025, is granted. The eviction order is voided. While the Board found the Tenant breached a previous payment order, it ruled that eviction would be unfair given the Tenant's subsequent good payment history, significant personal debt, and disabilities. The previous order is cancelled and replaced with a new order requiring the Tenant to pay rent of $2,500.00 in full and on time from June 1, 2025, to May 31, 2026. If the Tenant breaches this new condition, the Landlord can apply for eviction without notice.