Landlord Loses Wilful Damage Case: Nauth v Persaud 2024
LTB dismisses landlord's application to evict tenants for alleged wilful damage to rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
66 Hollyhedge Dr, Scarborough, ON M1J1X4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jun 21, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to allegations of wilful damage to the rental unit, including constructing an illegal deck and hanging a large birdcage from the eavestroughs.
Determinations
- Tenant Basmattie Persaud lawfully vacated the tenancy on January 24, 2024
- Landlord did not prove grounds for termination of tenancy
- Landlord did not prove claim for compensation
Case Study
The Landlord failed to prove that the Tenant's actions constituted a use of the rental unit inconsistent with residential premises that could reasonably be expected to cause significant damage, as required under the Residential Tenancies Act. Building a deck and hanging a birdcage are not uses inconsistent with residential occupation.
Decision Summary
The Landlord's application is dismissed as the Landlord failed to prove the grounds for termination of the tenancy and the claim for compensation.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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