P.P.M.I. v B.M.

Tenant wins

Dispute

Damage to Property, Substantial Interference

Landlord

P.

Tenant

B.

Landlord rep

S.M.

Tenant rep

A.K.D.

What happened

Landlord applied to terminate tenancy and evict Tenant due to alleged willful or negligent damage to the premises and substantial interference with reasonable enjoyment. The dispute centered around recurring toilet issues in the rental unit, which the Landlord claimed were caused by the Tenant's brother (Occupant) not cleaning the toilet properly, resulting in floods and damage to the unit below.

The ruling

The Landlord's application for termination of tenancy and eviction was dismissed. The Board found that the toilet issues were caused by a blockage in the pipes, not by any negligent or willful actions of the Tenant or Occupant. The problem was determined to be a result of normal daily living activities.