Smyth Real Estate Holdings Limited v Murphy

Landlord wins · Chelmsford · 2021-10-14

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Smyth Real Estate Holdings Limited

Tenant

R.M.

Landlord rep

Angie Gravelle

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. However, the Landlord has since entered into an agreement to sell the property, so is no longer seeking termination of the tenancy.

The ruling

The Tenant shall pay the Landlord $5,512.59, which represents the amount of rent owing and compensation up to October 14, 2021. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by October 25, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance.