Bibolli v Stewart

Tenant wins · Keswick · 2025-11-03

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

E.B.

Tenant

A.S.

Landlord rep

Vasiola Bibolli

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, the Tenant raised issues regarding technical defects in the N4 notice, specifically that the unit description was missing and the arrears calculation was inconsistent with the landlord's updated ledger. The adjudicator found these to be fatal errors.

The ruling

The Landlord's application for termination of the tenancy and eviction is dismissed due to fatal errors in the N4 notice. The notice failed to specify the unit as 'Basement' and contained incorrect rent arrears calculations by omitting a month that the Landlord later tried to claim at the hearing.