Application Type: Eviction for tenant's notice to terminate tenancy
RTA Sections: Section 77(8), Subsection 3(1)
👥 Parties involved
Landlord: Renata Rzepka-Bissessar
Landlord Rep: Self Represented
Tenant: Farhia Mohamed Aden
Tenant Rep: Rob Nixon
Adjudicator: Richard Ferriss
Keywords: eviction, tenant notice, motion to set aside, credibility, language barrier
⚖️ Decision summary
Order denying motion to set aside upheld.
Eviction order remains effective with a delayed enforcement.
⚠️ Dispute summary
Tenant claimed misunderstanding in signing the termination notice.
Evidence showed tenant initiated termination via a community worker.
📑 Findings & determinations
Tenant's motion lacked credibility.
Evidence supported that tenant understood and initiated the termination.
💡 Summary points
Tenant's motion to set aside the eviction order denied.
Credibility of tenant questioned due to conflicting narratives.
Stay of eviction order lifted, effective March 31, 2023.
