Agostino v Santos

Landlord wins · Hamilton · 2023-02-16

Adjudicator

Camille Clyne

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.A., E.A.

Tenant

H.S.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $14,630.81 to void the order and continue the tenancy by February 27, 2023. If the Tenant does not void the order, they must pay $11,263.34 to the Landlords, which includes rent arrears and the application filing fee, minus the rent deposit and interest.