Tenants Awarded $3937 After Landlord's Negligence Causes Fire Damage: Zammit v Pannu 2021

Dispute Summary

Tenants applied for an order determining that the Landlords harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving them replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlords are obligated to supply under the tenancy agreement sold, retained or otherwise disposed of the Tenants' property before 72 hours had elapsed after the Tenants were evicted and the Landlords did not make the Tenants' property available to be retrieved at a location close to the rental unit within 72 hours after the Tenants were evicted.

Determinations

• The tenancy commenced on February 3, 2018 and ended on September 8, 2019 due to a fire consuming the residential complex.
• The fire was caused due to the Landlord's daughter's unattended cooking, which is an act of negligence, not a latent defect.
• The Landlord's negligence substantially interfered with the Tenants' reasonable enjoyment of the rental unit.

Arguments and Actions