Khalili v Purcell
Tenant wins · Bancroft · 2025-09-26
- Adjudicator
- John Cashmore
- Dispute
- Damage to Property, Serious Impairment of Safety
- Notice
- Serious impairment of safety (N7), Undue damage (N7)
- Landlord
- M.K., A.D.
- Tenant
- E.P.
- Landlord rep
- Devender Kumar
- Tenant rep
- Darry Woodcock
What happened
The Landlords applied to terminate the tenancy and evict the Tenant based on allegations of serious impairment of safety and willful damage. The Landlords claimed the rental unit was filled with floor-to-ceiling clutter blocking fire exits and that the Tenant had intentionally damaged various parts of the unit. The Tenant contested these claims, asserting that the clutter was temporary bagged garbage awaiting collection and providing evidence of the unit's clean condition shortly after the inspections.
The ruling
The Landlords' application to terminate the tenancy and evict the Tenant is dismissed. The Landlords failed to prove on a balance of probabilities that the Tenant seriously impaired safety or caused willful damage. The evidence of clutter was deemed insufficient to constitute a serious safety hazard, and no evidence was provided for the damage claim.