Central King Seniors Residence v Jones

Tenant wins · York · 2022-01-31

Adjudicator

Fabio Quattrociocchi

Dispute

Willful damage, Substantial interference

Notice

Tenant rights (T2), Maintenance (T6)

Landlord

C.K.S.R.

Tenant

R.K.J.

Landlord rep

Bardha Oka, Bob Putnam

What happened

Landlord applied to terminate tenancy and evict Tenant, alleging substantial interference with reasonable enjoyment and willful damage to the rental unit. The application was based on two N5 notices and one N7 notice. The Tenant did not attend the hearing.

The ruling

The Landlord's application was dismissed. The Board found that while there was evidence of water leakage from the Tenant's unit on multiple occasions, the Landlord failed to prove that the Tenant willfully caused the damage. The N5 notices were not considered due to late filing, and the N7 notice allegations were not substantiated.