Carney v Jones

Split/Other wins · Crystal Beach · 2025-05-05

Adjudicator

Robert Brown

Dispute

Damage to Property, Harassment, Illegal Entry, Illegal Lockout, Substantial Interference, Withholding Vital Services

Amount

<$5K

Landlord

B.J., J.J.

Tenant

B.C.

Landlord rep

Adam Hamdani

What happened

A tenant filed an application against the landlords for illegal lockout, illegal entry, substantial interference, and harassment. The landlords changed the lock code after believing the tenant had abandoned the unit. The tenant claimed he was locked out from June 24, 2024. The Board found the tenant's testimony unreliable due to contradictions and determined the illegal lockout occurred from July 27, 2024, to September 23, 2024. The tenant's other claims, including illegal entry (deemed an emergency due to the unit's state), noise, withheld services, harassment, and property damage, were dismissed. The tenant initially sought repossession but later abandoned this claim, acting in what the Board deemed bad faith. The tenancy was terminated as of the final hearing date.

The ruling

The Board granted the Tenant a $1,853.00 award, comprising a $1,800 rent abatement for an illegal lockout and the $53 application fee. This amount is to be offset against the $9,745.36 the Tenant owes the Landlord from a separate order. All other claims by the Tenant, including illegal entry, property damage, and harassment, were dismissed. The Board found the Tenant's testimony unreliable and determined he acted in bad faith. The tenancy is terminated effective March 5, 2025.