Landlord Wins Eviction Case Against Bankrupt Tenant: Starlight Investments v Farahani and Lashgari 2021

Dispute Summary

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent.

Determinations

• Tenant Neshat Lashgari declared bankruptcy on February 17, 2021, so is not liable for arrears prior to that date.
• The tenancy agreement explicitly states it is a joint and several tenancy.
• The notice to terminate the tenancy was served prior to the bankruptcy filing, so the application to terminate the tenancy is properly before the Board.
• As this is a joint and several tenancy, the tenancy can be terminated and arrears ordered as both Tenants are responsible to the Landlord for the payment of rent.
• Both Tenants are properly named in the original order, and the only outstanding issue is which Tenant is responsible for the payment of the arrears and costs to the Landlord.