Minto Apartment Limited Partnership v Kijanya

Landlord wins · Nepean · 2024-04-15

Adjudicator

Ken Audziss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Minto Apartment Limited Partnership

Tenant

T.K.

Landlord rep

Anne Skelly

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 still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $9,702.42 on or before April 26, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $6,862.34, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $50.68 for each day of occupation starting April 4, 2024.