Eastwood Housing Corporation v Dautner

Tenant wins · St Thomas · 2025-05-13

Adjudicator

Jeremy Henderson

Dispute

Damage to Property, Substantial Interference

Landlord

E.H.C.

Tenant

D.D.

Landlord rep

Anny Thiessen

What happened

The Landlord applied for an order to terminate the tenancy due to substantial interference and for compensation regarding a broken bedroom window. On the day of the hearing, the Tenant vacated the unit, prompting the Landlord to withdraw the termination request. The Landlord continued with the claim for $512.96 for window repairs, providing an invoice for the work. However, the Landlord failed to provide evidence showing that the damage was caused by the Tenant's willful or negligent actions.

The ruling

The Landlord's application to terminate the tenancy was withdrawn as the Tenant had already moved out. The Landlord's claim for $512.96 in window repair costs was dismissed because the Landlord failed to prove the Tenant was responsible for the damage through negligence or willful misconduct.