Frasher Investments Limited v Pavey
Split/Other wins · St Thomas · 2025-11-20
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Substantial Interference
- Landlord
- Frasher Investments Limited
- Tenant
- D.P.
- Landlord rep
- Chanthea Earng
What happened
The Landlord applied to terminate the tenancy claiming the Tenant breached a previous mediated settlement. An initial eviction order was issued without a hearing. The Tenant filed a motion to set aside that order. During the motion hearing, the parties reached a consent agreement to set aside the eviction and continue the tenancy subject to specific noise-related conditions regarding the Tenant's guitar playing.
The ruling
The LTB granted the Tenant's motion to set aside a previous eviction order. By consent, the tenancy is preserved provided the Tenant uses headphones when playing electric guitar. If the Tenant breaches this condition by using an amplifier without a headset, the Landlord may apply for a new termination order without notice to the Tenant.