Brad v Caruana

Landlord wins · London · 2023-02-23

Adjudicator

Jagger Benham

Dispute

Undue damage, Wilful or negligent damage

Notice

N5 Notice, N7 Notice

Amount

$10-20K

Landlord

N.B.

Tenant

D.L.C., T.K.

Landlord rep

Bob Fex

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to wilful or negligent damage to the rental unit and undue damage to the premises. The Landlord claimed the Tenants damaged the oven door, did not permit the Landlord to enter the unit for an inspection, and caused extensive damage throughout the rental unit.

The ruling

The tenancy is terminated, and the Tenants must vacate the rental unit by March 6, 2023. The Tenants are ordered to pay the Landlord $8,403.75 for use and occupation of the unit from October 1, 2022 to February 9, 2023, less the rent deposit and interest owed. The Tenants must also pay the Landlord $10,320.00 for the reasonable costs of repairing the damage and replacing the damaged property. If the Tenants do not pay the full amount by March 6, 2023, they will owe interest at 5% annually on the outstanding balance.