Wylie v Stone

Landlord wins · Cornwall · 2022-12-05

Adjudicator

Peter Nicholson

Dispute

Personal use

Notice

Personal use (N12)

Amount

<$5K

Landlord

S.W.

Tenant

K.A., J.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Landlord applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property, as well as an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's conduct or that of another occupant of the rental unit or someone the Tenant permitted in the residential complex.

The ruling

The tenancy was terminated effective August 2, 2022, the date the Tenants vacated the rental unit. The Landlord's claim for damages was dismissed as the Landlord did not provide sufficient evidence to prove the Tenants wilfully or negligently caused undue damage to the rental unit.