Sathiyaroobi v Angel

Tenant wins · Newcastle · 2025-09-03

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

J.S., I.P.

Tenant

I.D.A., N.U.E.

Landlord rep

Thirunavukaras Patchamuttu

What happened

The Landlords previously obtained an ex parte eviction order (issued without a hearing) because the Tenants allegedly breached a condition of a prior Board order by failing to pay rent on time. The Tenants filed a motion to set aside this eviction order. During the hearing for the motion, it was established that while a breach did occur on October 1, 2024, the Tenants had since paid all outstanding rent and costs.

The ruling

The LTB granted the Tenants' motion to set aside the eviction order issued on October 16, 2024. Although the Tenants failed to pay rent on time in October 2024 (a breach of a prior order), they paid all arrears before the hearing. Consequently, the eviction order is voided and cannot be enforced.