Trivieri Investments Limited v Lungs

Split/Other wins · Thorold · 2025-11-28

Adjudicator

Dawn Carr

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Trivieri Investments Limited

Tenant

W.L.

Landlord rep

M. Valeria Astudillo

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord noted that rent was paid late eight times over a 16-month period prior to the notice and continued to be late after the notice was served. The Tenant sought relief from eviction, citing financial difficulties caused by a family death and illness-related absence from work, and highlighted the presence of a minor occupant in the unit.

The ruling

The tenancy continues provided the Tenant complies with specific payment conditions. The Tenant must pay all rent as it comes due from December 2025 to November 2026. Additionally, any outstanding rent from August to November 2025 must be paid by December 15, 2025. The Tenant is also ordered to pay the $186.00 application fee by December 9, 2025. If the Tenant breaches these conditions, the Landlord may apply for an eviction order without notice.