Rahman v Leginj

Tenant wins · Keswick · 2024-07-03

Adjudicator

Vinuri Sivalingam

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

F.R.

Tenant

R.L.

Tenant rep

Benjamin Hognestad

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

The Landlord's application to evict the Tenant for non-payment of rent is refused. The Landlord is in serious breach of the Act for failing to restore gas and electricity to the rental unit. The Tenant is entitled to rent abatement of $1,736 and reimbursement of $660.64 for out-of-pocket expenses. The Landlord is ordered to restore utilities and pay an administrative fine of $1,000.