Victoria Park Community Homes v Fudge

Landlord wins · Hamilton · 2022-02-01

Adjudicator

Sandra Macchione

Dispute

Persistent late payment

Notice

Persistent Late Payments (N8)

Landlord

Victoria Park Community Homes

Tenant

K.F.B.

Landlord rep

Sara Lange

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice, but filed the application one day before the N8 Notice would have been deemed served, which is not allowed under the Act.

The ruling

The Landlord's application is dismissed because it was filed too early, before the N8 Notice would have been deemed served.