SIREG MANAGEMENT INC. v Shire
Landlord wins · Brockville · 2024-10-31
- Adjudicator
- Alicia Johnson
- Dispute
- Damage to Property, Substantial Interference
- Notice
- N5
- Amount
- <$5K
- Landlord
- SIREG MANAGEMENT INC.
- Tenant
- M.S.
- Landlord rep
- Paranthan Bhat
- Tenant rep
- Kellie MacMillan
What happened
The landlord applied for an order to terminate the tenancy and evict the tenant due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant, and wilfully or negligently caused damage to the premises. The tenant was not reasonably able to participate in the initial hearing, so a review was granted. At the rehearing, the landlord provided evidence of extensive damage to the rental unit, including holes in the walls, broken windows and appliances, and the removal of smoke and carbon monoxide detectors. The tenant acknowledged the damage but claimed some may have been caused by squatters while he was incarcerated. The board found the tenant responsible for the damages and ordered him to pay $1,343.87 in repair costs, but reinstated his tenancy with conditions to prevent further damage.
The ruling
The board granted the tenant's request for review, finding that he was not reasonably able to participate in the initial hearing. On rehearing the landlord's L2 application, the board found the tenant responsible for substantial damage to the rental unit, including removing smoke and CO2 alarms. The board ordered the tenant to pay $1,343.87 in repair costs, but reinstated his tenancy with conditions to prevent further damage. The landlord may apply to terminate the tenancy if the tenant breaches the conditions.