10412791 Canada Corp o/a Luksus Management v Somerville

Landlord wins · Perth · 2025-07-08

Adjudicator

Mark Melchers

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

10412791 Canada Corp o/a Luksus Management

Tenant

M.S., N.F.

Landlord rep

Victor Alleslev

Tenant rep

Deb Howitt

What happened

The Landlord applied to terminate the tenancy after the Tenants allegedly breached a condition of a previous consent order. An ex parte order was issued, which the Tenants unsuccessfully moved to set aside. The Tenants then requested a review of the decision, primarily arguing that the named Landlord (a property management company) did not meet the legal definition of a 'landlord' under the Act and therefore lacked standing.

The ruling

The Tenants' request to review the order was denied. The Adjudicator confirmed that the property management company qualifies as a landlord under the Act. The stay of the previous eviction order was lifted effective July 31, 2025, allowing the Landlord to proceed with eviction due to the breach of the previous order's conditions.