Crowe v Colavecchia
Landlord wins · Ancaster · 2024-09-16
- Adjudicator
- John Cashmore
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- A.C.
- Tenant
- M.C., P.W.
- Landlord rep
- Jordan Nieuwhof
- Tenant rep
- Daniel Tucker-Simmons
What happened
Landlord 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 Tenant Paul Woolley was found to have a guardian of property appointed by the Public Guardian and Trustee.
The ruling
The lease agreement between the Landlord and Tenant Paul Woolley is invalid due to the Landlord's failure to assess Woolley's capacity. However, an implied joint tenancy agreement exists between the Landlord, Woolley, and Colavecchia. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants must pay $29,486 by September 30, 2024 or $31,986 by October 31, 2024 to void the order and continue the tenancy. If the Tenants do not void the order, the tenancy is terminated and they must pay $24,621.10 plus daily compensation.