545 Cameron Holdings Inc v Al dehni
Tenant wins · Windsor · 2025-05-09
- Adjudicator
- Colin Elsby
- Dispute
- Renovation, Major Repairs
- Notice
- Major Repairs (N13)
- Landlord
- 545 Cameron Holdings Inc
- Tenant
- B.A.D., W.A.
- Landlord rep
- Justin Brodie Timms-Fryer
- Tenant rep
- Farida Madhosh
What happened
The Landlord applied to evict the Tenants to conduct major renovations, serving an N13 notice. The Landlord indicated on the notice that a building permit was required but had not obtained one. At the hearing, the Landlord's agent testified they did not believe a permit was necessary for the intended non-structural work but provided no evidence of having investigated this. The application was dismissed because the Landlord failed to satisfy the Board they had obtained or taken reasonable steps to obtain the necessary permits, as required by section 73 of the Residential Tenancies Act.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenants for the purpose of conducting major renovations is dismissed. The Board found the Landlord failed to prove they had met the requirements of section 73 of the Act by not obtaining, or taking reasonable steps to obtain, the necessary building permits for the proposed work.