Zomer v Hawkins

Split/Other wins · London · 2025-06-03

Adjudicator

Rema El-Tawil

Dispute

Damage to Property

Amount

<$5K

Landlord

M.Z.

Tenant

S.H., C.H.

Tenant rep

Robert Fex

What happened

The Landlord filed an application seeking compensation of $20,002.38 for damages allegedly caused by the former Tenants during their 12-year tenancy. The primary claims were for extensive cigarette smoke odour requiring full renovation and a damaged bedroom door frame. The Tenants denied the claims, stating smoking was not prohibited, they cleaned the unit upon vacating, and the door damage was minor. They also presented photos of the unit's clean condition.

The ruling

The Landlord's application for over $20,000 in damages for smoke odour and other issues was largely dismissed. The adjudicator found the smoke odour was normal wear and tear for a 12-year tenancy where no smoking ban was proven. However, the Tenants were found negligent for damaging a bedroom door. The Tenants are ordered to pay the Landlord $250.00 for the door repair plus the $186.00 application fee, for a total of $436.00. All other claims by the Landlord were dismissed.