Taylor v Branco

Split/Other wins · Dutton · 2025-11-20

Adjudicator

Fotoula Hatzantonis

Dispute

Non-payment of Rent, Persistent Late Payment, Personal Use, Rent Increase

Notice

Non-payment of rent (N4), Personal use (N12), Notice of Rent Increase (N2)

Amount

<$5K

Landlord

S.J.T.

Tenant

D.B.

Landlord rep

Ze Hao Liu

What happened

The Landlord sought to evict the Tenant for non-payment of rent and for personal use of the unit. A central issue was the validity of a rent increase from $1,200.00 to $3,000.00 for a new building. The Tenant argued the increase violated the 12-month rule, as it was issued less than a year after his actual move-in date. The Landlord alleged the Tenant provided a fraudulent lease regarding the start date. Ultimately, the Board found the rent increase invalid, leading the Landlord to withdraw the non-payment application. The parties then reached a consent agreement to terminate the tenancy on a future date.

The ruling

The tenancy is terminated on consent effective November 30, 2025. The Landlord must pay the Tenant $45.53 in interest on the rent deposit. The last month's rent deposit will be applied to the rent for November 2025. The Landlord's application for arrears was withdrawn after the Board ruled the attempted rent increase from $1,200.00 to $3,000.00 was unlawful.