Zauritz v Fargnoli

Landlord wins · London · 2021-12-14

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

<$5K

Landlord

F.Z., I.Z.

Tenant

R.F.

Landlord rep

Thomas Schoenleber

Tenant rep

Cecil McCann

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent and the Landlords' need for personal use of the rental unit. The Landlords served the required N4 and N12 notices, but did not pay the required compensation before the termination date for the N12 notice, so the N12 application was dismissed. The Tenant owed significant rent arrears, but had paid $6,661 after the application was filed. The Landlords were awarded possession of the unit and the Tenant was ordered to pay the remaining arrears and costs.

The ruling

The tenancy is terminated effective January 31, 2022. The Tenant must pay the Landlords $2,728.12 in rent arrears and application costs, plus $13.15 per day in compensation starting December 15, 2021 until the Tenant vacates. If the Tenant pays $3,252.20 by December 31, 2021 or $3,661 by January 31, 2022, the Tenant can void the eviction order and continue the tenancy.