Torbill Holdings LTD v Hogan

Split/Other wins · Picton · 2025-08-29

Adjudicator

Greg Joy

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$10-20K

Landlord

Torbill Holdings LTD

Tenant

B.H., J.H.

Landlord rep

Keith Smallbill

What happened

The Landlord applied for eviction after the Tenants failed to meet conditions in a previous LTB order. An eviction order was initially issued without a hearing. The Tenants filed a motion to set aside that order. At the hearing, both parties reached a consent agreement regarding the payment of rent arrears and the continuation of the tenancy.

The ruling

The motion to set aside the eviction order was granted by consent. The previous eviction order is unenforceable. The Tenants are ordered to pay $11,616.96 in monthly installments of $900.00 from September 2025 to August 2026, with a final payment of $816.96 in September 2026. The Tenants must also pay ongoing lawful rent on time. Failure to comply allows the Landlord to apply for an ex parte eviction order.