Adelaide North Developments Inc. v Gerster

Split/Other wins · London · 2025-06-24

Adjudicator

Stephanie Ball

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

Adelaide North Developments Inc.

Tenant

R.G.

Landlord rep

Myles MacPherson

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment of the residential complex. Allegations included the Tenant carrying a hammer in common areas, failing to pick up dog waste, and harassing another tenant. The Tenant admitted to the conduct but explained she carried the hammer for protection against off-leash dogs and had difficulty picking up waste due to her dog's neurological issues.

The ruling

The tenancy continues provided the Tenant adheres to two conditions: not carrying a hammer on the premises and picking up dog waste within 10 minutes. If the Tenant breaches these conditions, the Landlord may apply for an ex-parte eviction order under Section 78. The Tenant is also ordered to pay the $186.00 application fee within six months.