Rimmer v Facey

Landlord wins · Greenbank · 2023-02-06

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.M.R.

Tenant

D.F.

Landlord rep

Maria Sturino

What happened

Landlord 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 $9,786 to void the order and continue the tenancy, or $9,136 if the tenancy is terminated. The Tenant must also pay daily compensation of $21.37 starting February 1, 2023 until the unit is vacated.