Domus Foundation v Jacob
Landlord wins · Milton · 2023-05-01
- Adjudicator
- Mark Melchers
- Dispute
- Persistent Late Payment
- Notice
- Persistent late payment (N8), Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- D.F.
- Tenant
- C.J.
- Landlord rep
- Dale Skvereckas
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's persistent late payment of rent. The Landlord served the Tenant with an N8 notice of termination, alleging that the Tenant paid the rent late 14 times in the 15 months preceding the notice. The Landlord also served the Tenant with numerous N4 notices for non-payment of rent during this period, but the Tenant voided these notices by making late payments.
The ruling
The tenancy will continue if the Tenant pays the full monthly rent on time for 12 months starting June 2023, and pays the April and May 2023 rent by May 15, 2023. If the Tenant fails to make any of these payments, the Landlord can apply to terminate the tenancy without further notice. The Tenant must also pay the $201 application fee.