Yang v Brodie

Tenant wins · Hamilton · 2025-12-18

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.Y.

Tenant

S.B.

What happened

The Landlord obtained ex parte eviction orders after the Tenant breached payment conditions of previous LTB orders. The Tenant filed motions to set aside these orders, arguing that she had secured funding from the Housing Stability Benefit (HSB) to pay the arrears, but the Landlord refused to provide an updated rent ledger or communicate with the agency, effectively preventing the payment.

The ruling

The motions to set aside the eviction orders (LTB-L-090897-25 and LTB-L-090913-25) are granted. The Landlord's refusal to cooperate with the Housing Stability Benefit program prevented the Tenant from clearing arrears. The previous orders are cancelled and replaced with a requirement for the Tenant to pay $2,486.82 by January 9, 2026, and continue paying full rent on time. The Landlord's request for Sheriff's fees was denied due to the failure to mitigate losses.