Cityhousing Hamilton Corporation v Hellmich

Tenant wins · Hamilton · 2025-07-23

Adjudicator

Colin Elsby

Dispute

Illegal Act

Notice

Illegal act (N6)

Landlord

C.H.C.

Tenant

E.H., A.H.

Landlord rep

Katherine Howlett

What happened

The Landlord applied to terminate the tenancy based on allegations that Tenant 1 committed serious illegal acts, including assault and forcible entry, against another tenant in the residential complex. The Landlord relied on a police report and a voicemail from the alleged victim. Tenant 1 denied all allegations, claiming he was simply returning borrowed items and that he did not have the access code for the building where the incident allegedly occurred.

The ruling

The Landlord's application for termination of tenancy and eviction is dismissed. The Landlord failed to provide sufficient, direct evidence to prove that the Tenant committed the alleged illegal acts of assault and forcible entry. The reliance on hearsay evidence without the presence of the complainant for cross-examination was insufficient to meet the burden of proof for such serious allegations.