In Brief
A landlord sought eviction of a long-standing tenant for non-payment of rent accruing from August 1999. The tenant made personal tenders of arrears which were refused, and subsequently deposited the amount with the trial court on 1 September 2000, after the statutory fortnight deadline. The Supreme Court held that where no fixed rent due date exists, rent becomes due upon service of the demand notice (17 August 2000); deposit must occur within a fortnight thereof. The tenant's deposit on 1 September 2000 was beyond the statutory period, defeating the defence. The Court rejected the tenant's argument of being a protected tenant under the 1955 Act, as statutory protection does not apply to evictions based on non-payment of rent. The appeal was allowed and the tenant ordered to vacate by 31 December 2017.
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