Johal v Len

Tenant wins · St Thomas · 2025-07-03

Adjudicator

Joy Xiao

Dispute

Abandonment, Substantial Interference, Utilities

Notice

Substantial interference (N5)

Landlord

M.J.

Tenant

C.L., J.D., J.D.

Landlord rep

Gurjot Dhillon

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants, alleging abandonment and substantial interference due to unpaid utility costs. The Landlord claimed an oral agreement and an unsigned lease required the Tenants to pay for utilities. The Tenants disputed these claims, asserting the rent was all-inclusive and they never signed a lease. The abandonment claim was dismissed as the Tenants still resided in the unit.

The ruling

The Landlord's application to terminate the tenancy and for compensation regarding unpaid utilities was dismissed. The adjudicator ruled that the Landlord failed to provide sufficient evidence, such as a signed lease or confirmed communication, to prove the Tenants were responsible for utility payments. The claim of abandonment was also dismissed as the Tenants were still living in the property.