Kale v Mohaghegh Doust

Split/Other wins · York · 2025-10-15

Adjudicator

John Cashmore

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

M.K.

Tenant

O.M.D.

Landlord rep

Arashdeep Grewal

What happened

The Landlord applied for eviction based on non-payment of rent (L1) and persistent late payment (L2). The Tenant attempted to raise maintenance and tenant rights issues under section 82 but failed to comply with a previous interim order requiring specific details. The parties eventually reached a consent agreement regarding a payment plan for arrears and a 12-month probationary period for on-time rent payments.

The ruling

On consent, the Tenant is ordered to pay $4,480.52 in two installments (October 9 and October 31, 2025). The Tenant must also pay full rent on time every month from November 1, 2025, to October 1, 2026. If the Tenant breaches any payment condition, the Landlord may apply for an ex-parte eviction order under section 78 within 30 days of the breach.