Nawab v Platts

Split/Other wins · Whitby · 2025-12-10

Adjudicator

Vicky Liu

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

R.N., S.R.

Tenant

A.P., E.P.

Landlord rep

Jayant Unny

What happened

The Tenants filed a motion to set aside an ex parte eviction order that was issued after they breached a condition of a previous consent order (missing a $1,000.00 payment due date). The Tenants claimed a postal strike and specific bank requirements prevented a timely e-transfer. The Landlord opposed the motion, citing financial hardship and further missed rent payments in November and December.

The ruling

The motion to set aside the eviction order of October 27, 2025, is granted. The previous eviction order is cancelled. The tenancy is terminated effective January 31, 2026, unless the Tenants pay $8,800.00 by December 31, 2025, or $12,000.00 by January 31, 2026. If the Tenants fail to pay, they must vacate, and the Landlord can enforce the eviction starting February 1, 2026.