Hovsepian v Gykan Enterprises Inc.
Landlord wins · 276 Carlaw Avenue · 2020-09-28
- Adjudicator
- Nicola Mulima
- Dispute
- Illegal Hst Charges, Illegal Rent Charges, Interest On Last Month'S Rent Deposit
- Amount
- <$5K
- Landlord
- Gykan Enterprises Inc.
- Tenant
- A.H.
- Landlord rep
- D. Donnelly, A. Whyte
- Tenant rep
- D. McIntyre
What happened
Tenant filed an application claiming the landlord charged illegal rent and HST, and failed to pay interest on the last month's rent deposit. The landlord contested the residential nature of the tenancy and argued the claims were barred by res judicata.
The ruling
The Board found the tenancy was residential from the start, not just from the date of the previous order. The Board ordered the landlord to pay the tenant $1,814.25 for illegal rent increases, illegal HST charges, and interest owed on the last month's rent deposit. The tenant was also awarded $50 for the application filing fee.