Victoria Park Community Homes v Gasparinho

Landlord wins · Hamilton · 2022-02-01

Adjudicator

Sandra Macchione

Dispute

Persistent late payment

Notice

Persistent Late Payment (N8)

Landlord

Victoria Park Community Homes

Tenant

S.G.

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 before the notice was deemed served.

The ruling

The Landlord's application is dismissed because the Landlord filed the application before the N8 Notice was deemed served, which is a violation of the Residential Tenancies Act.