Perumainar v Barraclough
Landlord wins · Mount Albert · 2020-10-15
- Adjudicator
- Richard Ferriss
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- T.P., P.V.
- Tenant
- J.B., S.B.
What happened
Landlords 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 ruling
The tenancy is terminated effective October 26, 2020. The Tenants must pay the Landlords $177.77, which represents the amount of rent owing and compensation up to October 15, 2020, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenants must also pay $83.84 per day for compensation for the use of the unit starting October 16, 2020 to the date the Tenants move out, and $175.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by October 26, 2020, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by October 26, 2020, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement.