Shareff v Deakin

Landlord wins · Brantford · 2025-11-24

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.S.

Tenant

E.D., M.M.

Landlord rep

Christopher Williams

What happened

The Landlord originally applied for eviction due to non-payment of rent, which resulted in a consent order. The Landlord later obtained an ex-parte eviction order (L4) alleging the Tenants breached the consent order's payment conditions. The Tenants sought a review of the original order and a motion to set aside the L4 order, arguing that their obligation to pay rent was suspended because the Landlord failed to provide a standard lease and legal address. One Tenant also attempted to terminate her interest in the tenancy via an N15 notice, which was found invalid for insufficient notice. The Adjudicator determined that the Landlord had provided the necessary documentation and that the Tenants were not credible regarding a claimed payment by cheque.

The ruling

The LTB set aside the previous eviction order to correct an arrears miscalculation but issued a new order terminating the tenancy effective November 30, 2025, unless the Tenants pay $8,687.50 to void the eviction. If the unit is not vacated or the order voided, the Landlord is awarded $4,847.33 in arrears plus daily compensation of $60.82.