Khan v Burley

Tenant wins · Hannon · 2025-05-23

Adjudicator

James Campbell

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.K.

Tenant

M.B., Z.B.

What happened

The Landlord filed an application to evict the Tenants for non-payment of rent. The Tenants raised serious maintenance issues under section 82 of the RTA, claiming they had no running water for five months, from September 2024 to January 2025. The Board found the Landlord's failure to provide an essential service to be an 'extraordinary and egregious' breach of the Act.

The ruling

The Landlord's application to evict the Tenants is refused. The adjudicator found the Landlord committed an 'extraordinary and egregious' breach by failing to provide running water for five months. The Tenants are granted a rent abatement of $13,132.75. The Tenants are ordered to pay the remaining rent arrears of $6,379.65 to the Landlord by May 31, 2025.