Upadhyay v Napier Jones

Split/Other wins · Stoney Creek · 2024-09-19

Adjudicator

Julie Broderick

Dispute

Illegal Charges, Illegal Entry

Landlord

C.N.J.

Tenant

J.U., D.U.

What happened

Tenants Jigar Upadhyay and Digisha Upadhyay filed two applications against their landlord Chamica Napier Jones. The first application (T1) was for the landlord collecting or retaining money illegally, and the second application (T2) was for the landlord entering the rental unit illegally.

The ruling

The Tenant's T1 application was dismissed as the Tenant did not prove the allegations. The Landlord properly provided statutory compensation under section 49.1. The Landlord did not have jurisdiction to enforce a side agreement for additional payment. The Tenant's T2 application was granted as the Landlord entered the unit illegally, but no remedy was granted as the Tenant did not suffer any impact or harm.