DMS Property Management Ltd v Metcalf

Split/Other wins · Hamilton · 2021-11-02

Adjudicator

Nancy Morris

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

A.M., T.M.

Landlord rep

F. Calcagni

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The parties had reached an agreement before the hearing, but the Tenants were not able to stay for the hearing.

The ruling

The Tenants are ordered to pay the rent in full by the first of each month from November 2021 to October 2022. If the Tenants fail to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenants. The Tenants are also ordered to pay the Landlord $186 for the cost of filing the application. If the Tenants do not pay the full amount owing by December 31, 2021, they will start to owe interest at 2% annually on the outstanding balance.