Lo Presti v Jones

Tenant wins · Courtice · 2025-05-08

Adjudicator

Kate Sinipostolova

Dispute

Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Landlord

E.C.L.P.

Tenant

D.J.

Landlord rep

Eric Spalvieri

What happened

The Tenant requested a review of an order issued on July 25, 2024, which had terminated the tenancy and ordered rent arrears payment. The Tenant claimed he did not receive the Notice of Hearing because the Landlord controlled access to the shared mailbox. The Landlord disputed this, claiming he delivered the mail personally to an unlocked box near the Tenant's door. The Member found that there was insufficient evidence that the Tenant received the original Notice of Hearing, thus preventing him from participating.

The ruling

The LTB granted the Tenant's request for review and cancelled the original eviction order (LTB-L-021177-24). The Landlord's application for non-payment of rent will be heard de novo at a later date. The Landlord is prohibited from re-renting the unit or disposing of the Tenant's belongings. Both parties must exchange evidence by specified deadlines, and the Tenant must provide details of the section 82(1) issues they intend to raise.