Athia v Das

Tenant wins · Scarborough · 2025-07-17

Adjudicator

Dawn Carr

Dispute

Damage to Property

Landlord

S.K.A.

Tenant

S.D., A.S.D.

Landlord rep

Yan Qi

Tenant rep

Sriram Rangan

What happened

The Landlord applied for compensation (L10 application) from the Former Tenants for water damage caused by a toilet overflow, additional unit repairs, and pest control. The Landlord alleged the tenants were negligent, citing a missing toilet tank lid and a string attached to the flushing mechanism. The Landlord's requests for an adjournment to gather more evidence and to amend the application to include specific new damage claims were denied due to lack of preparation and potential procedural unfairness. The Board found the Landlord failed to prove the tenants' negligence caused the overflow or the other claimed damages.

The ruling

The Landlord's application for $30,398.18 in damages was dismissed in its entirety. The Board found no evidence that the Former Tenants were responsible for a toilet overflow that damaged the building. The Landlord was criticized for a lack of preparation, leading to the denial of adjournment and amendment requests.