Butty Properties Ltd v Rayne

Landlord wins · Hamilton · 2021-10-22

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Butty Properties Ltd, The Effort Trust Company

Tenant

D.R.

Landlord rep

Kimberly Holleran

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 had not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective November 2, 2021. The Tenant must pay $4,876.53 to the Landlords, which includes rent arrears up to the termination date and the cost of filing the application. The Tenant must also pay $25.18 per day for compensation for use of the unit starting October 23, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by November 2, 2021, the Landlords may file the order with the Sheriff for enforcement.