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Case Study

Eviction Order for Non-Payment Upheld

Tenant's Motion to Set Aside Denied

🕑 Case timeline

Application Date: Date not provided

Hearing Date: November 15, 2023

Order Issued: November 22, 2023

Termination Date: Date not provided

Eviction Deadline: Immediate

ℹ️ Case overview

Case Number: LTB-L-070355-23-SA
Address: 8 NERY AVE, PICTON ON K0K2T0
Form Used: L1 application
Served By: Not specified
Amount Awarded: $18,393.28 for rent owing and costs
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 77(8), Section 78

👥 Parties involved

Landlord: Picton Heights Ltd.
Landlord Rep: James Heaps
Tenant: Sean Atcheson
Tenant Rep: Self Represented
Adjudicator: Dana Wren
Keywords: eviction, non-payment, arrears, hearing, tenant rights

⚖️ Decision summary

Based on non-payment and lack of good faith, tenancy is deemed no longer viable.
Immediate lifting of stay on eviction is reasonable given the circumstances.

⚠️ Dispute summary

Tenant disputed the payment amounts and claimed an error in the order.
Landlord opposed the motion, citing tenant's confirmation of payment amounts at hearing.

📑 Findings & determinations

It would be unfair to set aside the eviction order.
Tenant has not made any payments or shown intent to comply with repayment plans.

💡 Summary points

Tenant failed to pay rent and arrears as ordered.
Tenant's motion to set aside the eviction order was denied.
Stay of eviction order lifted immediately.
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🧑‍⚖️ Same adjudicator

Dana Wren

📂 Related by application type

Eviction for non-payment of rent