Arsenov v Pauls

Landlord wins · Caledonia · 2025-09-11

Adjudicator

Frank Ebner

Dispute

Maintenance, Tenant Rights, Vital Services

Landlord

Bravaya Inc.

Tenant

J.A., J.H.

Landlord rep

Sophie Jackson, Wes Pauls (Agent)

Tenant rep

Gerry Smits

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their enjoyment and withheld vital services (natural gas). Tenants alleged ongoing issues with pests, electrical safety, soft flooring, and mold. The Landlord argued that utilities were the Tenants' responsibility under a verbal agreement and that the gas was shut off by the provider due to the Tenants' failure to set up an account and pay. The Landlord further contended that maintenance issues were either never reported or were addressed promptly upon notice.

The ruling

The Tenants' application was dismissed in its entirety. The Board found the Landlord was not responsible for the disconnection of gas services as the Tenants had failed to set up the utility account. Maintenance claims regarding pests, electrical, floors, and mold were dismissed due to lack of proof of notification or insufficient evidence. The Landlord's request for $700.00 in legal costs was denied as the Tenants' conduct was deemed reasonable.