Basti v Mohsen

Landlord wins · Nepean · 2025-06-13

Adjudicator

Joshua Labbe

Dispute

Damage to Property

Notice

Damages (N5)

Amount

$5-10K

Landlord

H.B.

Tenant

M.M., M.M.

Landlord rep

Sam Hussein

What happened

The Landlord applied for eviction and compensation due to significant water damage leading to mold, which was allegedly caused by the Tenants' negligence. The Landlord served a valid first N5 notice, which the Tenants failed to void by addressing the damages. A subsequent second N5 was deemed invalid. The Landlord's attempt to increase the damage claim from approximately $5,000 to over $10,000 at the hearing was denied due to procedural errors. The Board found the Tenants were responsible for the damages but granted them relief from eviction, ordering them to pay for the damages and refrain from causing further damage for 12 months.

The ruling

The tenancy is continued, conditional upon the Tenants paying the Landlord $5,187.25 by June 30, 2025, covering $5,001.25 for damages and a $186.00 application fee. The Tenants must also refrain from causing any further willful or negligent damage for a period of 12 months. Failure to comply with these conditions may result in the Landlord applying for eviction.