The Effort Trust Company v Silversmith

Landlord wins · Hamilton · 2023-08-31

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

R.S.

Landlord rep

Kimberley Holleran

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the tenant pays $8,834 by August 31, 2023 to void the order and continue the tenancy. If the tenant does not pay, they must vacate the unit by September 11, 2023 and pay the landlord $4,259.04 plus daily compensation of $31.96 from May 10, 2023 until the move-out date.