Old Oak Properties Inc. v Davis

Landlord wins · London · 2025-08-27

Adjudicator

Rachel Gibbons

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

Old Oak Properties Inc.

Tenant

A.D.

Landlord rep

Alecia Corcoran, Frannie Simms

Tenant rep

Cari Latta

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant after the Tenant breached a condition of a previous consent order issued on April 11, 2025. An ex parte order was issued on May 27, 2025. The Tenant filed a motion to set aside that order, citing financial hardship and personal circumstances, including being 73 years old and having health issues. The Tenant requested a more affordable payment plan, which the Landlord opposed due to the growing arrears and the fact that the previous order was based on consent.

The ruling

The Tenant's motion to set aside the eviction order is denied as the Tenant breached the payment conditions of a previous consent order and has failed to pay full rent since. However, due to the Tenant's age, health conditions, and length of tenancy, the Board delayed the lifting of the stay on the eviction until September 30, 2025, to allow the Tenant more time to relocate.