Patel v Capobianco

Landlord wins · Newcastle · 2024-07-25

Adjudicator

Fotoula Hatzantonis

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

M.P., C.P.

Tenant

M.C.

Landlord rep

Ian Gardner

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by their daughter.

The ruling

The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated, and the Tenant must move out of the rental unit on or before August 5, 2024. The Landlords owe the Tenant $1,273.64, which is the amount of the rent deposit and interest on the rent deposit. If the Landlords do not pay the Tenant the full amount owing on or before August 5, 2024, the Landlords will start to owe interest at 7.00% annually on the balance outstanding.