940 Commissioners Holdings Limited v Thomas

Landlord wins · London · 2021-10-07

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

940 Commissioners Holdings Limited

Tenant

D.J.T., K.D.J.T.

Landlord rep

Brenda Rizzo

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had not paid the full rent from May 1, 2020 to September 30, 2021.

The ruling

The tenancy is terminated effective October 18, 2021. The Tenants must pay the Landlord $554.45, which represents the amount of rent owing and compensation up to October 7, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $24.21 per day for compensation for the use of the unit starting October 8, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by October 18, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by October 18, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.