Rajavel v Smith

Split/Other wins · Oshawa · 2025-07-18

Adjudicator

John Cashmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.R., V.V.

Tenant

N.S.

Landlord rep

Mohan Subramaniyam

What happened

The Landlords sought to evict the Tenant for non-payment of rent. A previous order was issued in February 2025, which the Tenant sought to review. The Tenant was granted a review because the original order provided insufficient reasons for the calculation of arrears. A partial de novo hearing was held to determine the exact rent arrears and consider relief from eviction under section 83. The Tenant admitted to missing payments between June and November 2024 but contested previous board findings regarding arrears. The Tenant, living with her husband and eight children, requested a payment plan to maintain housing.

The ruling

The LTB granted the Tenant's request for review and varied the original eviction order. The Tenant is ordered to pay $10,136.00 (arrears plus costs) in three monthly installments starting July 20, 2025. Relief from eviction is granted on the condition that the Tenant makes all scheduled payments and pays current rent on time. Failure to meet any payment allows the Landlord to apply for an immediate eviction order without notice.