Evictly

Lawson v Bond

Split/Other wins · Brighton · 2025-05-01

Adjudicator
Mayra Sawicki
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
S.L.
Tenant
S.B.

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 adjudicator determined that the N4 Notice of Termination was defective because it did not provide the legally required 14-day period for the Tenant to void the notice. Consequently, the Landlord's request for eviction was dismissed. The Landlord proceeded with a request for rent arrears only. The Tenant did not dispute the amount owed and agreed to a payment plan. The Tenant's s.82 issues regarding maintenance were withdrawn to be pursued in a separate T6 application.

The ruling

The Landlord's application to evict the Tenant is dismissed due to a defective N4 notice that failed to provide the required 14-day notice period. The Tenant is ordered to pay the Landlord $6,746.00, covering rent arrears up to April 30, 2025, and the application fee. This amount is to be paid according to a mutually agreed-upon payment plan.