Chun v Condell

Tenant wins · Ancaster · 2025-04-23

Adjudicator

Benjamin Seigel

Dispute

Damage to Property, Non-payment of Rent, Personal Use, Tenant Rights

Notice

Personal use (N12)

Landlord

J.C., M.C.

Tenant

T.C., M.C.

Tenant rep

Shannon Lafontaine

What happened

The Landlord applied to terminate the tenancy for a purchaser's own use and claimed compensation for alleged damages caused by the Tenant painting kitchen cabinets. The Landlord also claimed rent arrears. The Tenant cross-applied for harassment and interference. At the hearing, it was determined that rent was fully paid, the Tenant did not pursue their harassment claim, and the Landlord's eviction application was flawed due to a failure to pay required compensation. The damage claim was dismissed as the Tenant had received permission from the Landlord's agent to paint.

The ruling

All applications were dismissed. The Landlord's eviction attempt failed due to a procedural failure to pay mandatory compensation. The Landlord's claim for damages regarding painted cabinets was dismissed because the Tenant proved they had received permission from the Landlord's site supervisor, who was deemed to be an authorized agent. The Tenant's own application was dismissed for lack of evidence.