Wharton v McKay
Landlord wins · Heidelberg · 2020-11-03
- Adjudicator
- Dawn Wickett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- D.W.
- Tenant
- L.M.
- Landlord rep
- Peter Miller
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 not present at the hearing.
The ruling
The tenancy is terminated effective November 14, 2020. The Tenant must pay the Landlord $12,591.47, which represents the rent arrears and compensation up to November 3, 2020, plus $28.11 per day for compensation for the use of the unit starting November 4, 2020 until the Tenant moves out. The Tenant must also pay the Landlord $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by November 14, 2020, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by November 14, 2020, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.